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Trade and Investment Law in China (LAWS90052)
Graduate courseworkPoints: 12.5Not available in 2019
Overview
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Trade and Investment Laws govern regulation of free trade and liberalisation and protection of investment. They are two of the most important and fast-developing legal subjects in China. This subject focuses on the nature, context and evolution of trade and investment law-making and enforcement in China with emphasis on several specific legal issues such as trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment entry into China, investment protection, promotion and administration, national security review, and trade and investment dispute resolution, The latest developments such as the pilot free trade zones and the new proposal to amend foreign investment legislation will also be explored. This subject is taught from the perspectives of both Chinese legal reform and policy change and the evolution of international trade and investment systems. The lecturer is from a leading international law institute in China and was a practising lawyer in China.
Principal topics include:
- Nature, evolution and context of trade and investment law in China
- Tariff and non-tariff barriers measures
- Intellectual property
- Trade in services
- Anti-dumping, subsidies and countervailing
- Government procurement
- Foreign investment entry into China
- Establishment and operation of foreign investment companies
- Foreign investment protection and promotion
- Administration and national security review
- Trade and investment dispute resolution
- Pilot free trade zones in China
- New proposal to revise foreign investment law.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of how trade and investment law are made and enforced in China
- Be able to critically examine, analyse, interpret and assess legal issues related to trade and investment law in China
- Understand and be able to engage with contemporary and controversial issues relating to Chinese trade and investment law
- Have the cognitive and technical skill to independently examine, research and analyse complex legal issues relating to various aspects of trade and investment in China
- Have the communication skills to clearly articulate and convey complex information regarding various aspects of the trade and investment law to relevant specialist and non-specialist audiences.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Class participation (10%)
- Take-home examination (5,000-6,000 words) (90%)
or - 10,000 words research paper (90%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
Not available in 2019
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022