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This subject will examine, from an advanced and specialist point of view, a number of common commercial transactions entered into between private individuals located in different countries and between individuals and foreign governments. It will also cover important related issues such as corruption, foreign investment and dispute resolution. This course aims at equipping students with an expert knowledge of the major topics within the field as well as integrating new skills in international and comparative analysis. The topics to be examined are:
- International trade in goods, including the contracts for sale, transport and financing of goods to and from Australia;
- Corruption in global business;
- Entry into a foreign market through the mechanisms of distributorship, agency, franchising, licensing, technology transfer and foreign direct investment; and
- International dispute resolution—negotiation, mediation, litigation and arbitration (both commercial and investment).
Intended learning outcomes
Students who successfully complete this subject should have:
- Advanced, high level awareness of the kinds of legal problems that arise from international commercial transactions;
- Acquired an expert knowledge of how the law of sale of goods, negotiable instruments, carriage of goods and dispute settlement, is affected when goods cross national boundaries;
- A mastery of the principal mechanisms that trading parties use to resolve or reduce those problems; and
- A sophisticated understanding of the problem of corruption in international business and possible solutions.
On completion of the subject, students should have developed and demonstrated expert skills in the following areas:
- Advanced cognitive skills to solve problems by practical application of often complex legal principles;
- Cognitive and technical skills to interpret, analyse and draft effective clauses in international commercial contracts;
- Strong conceptual understanding of preferred methods of cross-border dispute resolution and a demonstrated ability to provide sophisticated and informed advice to commercial and government clients on such methods;
- Cognitive and technical skills to establish mastery in using comparative legal materials;
- Creative and technical skills to understand and critically reflect upon diverse cultural approaches to business and dispute resolution; and
- Independent communication and technical research skills as demonstrated in either scholarly writing to a publishable level or client advice work.
Last updated: 29 April 2020