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This subject examines the law and practice relating to commercial transactions in a single Asian jurisdiction and will be offered by country specialists. The countries that may be examined include China, Viet Nam, Indonesia, Japan, India or Korea. This subject will provide graduates with expert, specialist knowledge about the domestic legal regime governing commercial transactions, the conditions of commercial practice and the international rules that impact on these domestic regulatory regimes.
Topics covered may include: trade and investment policy, contract, property, trade in goods and services, investment, finance, corporations law, securities regulation, competition law and policy, commercial dispute resolution including arbitration and litigation and insolvency. A series of hypothetical transactions will be used throughout the subject to provide students with an opportunity to integrate an understanding of law and its relationship to practice in depth in a specific area of corporate life.
Drawing upon the set reading, students will develop their own research proposals. All readings will be in English, and students are neither expected nor required to read an Asian language for satisfactory completion of this course.
This subject provides students with expert, specialised knowledge and skills for the purposes of research and professional practice about the law and practice of commercial transactions in a single jurisdiction.
Intended learning outcomes
A student who has successfully completed this subject should have an advanced and integrated understanding of, and be able to analyse critically and reflect on:
- The substantive law regulating commercial transactions such as contract, trade, investment and finance in the selected jurisdiction;
- The structure and operation of domestic legal regimes and their policies for doing business in the selected Asian jurisdiction;
- Practical aspects of trade and investment and case studies relating to business and investment in the selected Asian country;
- The interaction between policy, law and institutional capacity in formulating and implementing commercial laws;
- Arguments and analyses about the role that law may play in the regulation and enforcement of commercial transactions; and
- Comparative methodologies for understanding and evaluating the regulation of commercial transactions.
In addition, a student who has completed the subject will have obtained:
- The ability to integrate knowledge from a range of disciplines and to apply this understanding to new situations and contexts; and
- A highly developed ability to communicate their analysis effectively in appropriate scholarly and professional formats.
On completion of the subject students should have developed and demonstrated expert skills in the following areas:
- The capacity to locate and critically evaluate a range of primary and secondary source materials to investigate the regulation of commercial transactions in the selected Asian jurisdiction;
- The capacity to apply core legal principles and concepts (building upon and extending beyond those in compulsory JD subjects) in analysing a commercial transaction in an Asian jurisdiction and from a comparative law perspective;
- The capacity for critical and independent thought and reflection, as well as intercultural sensitivity and understanding;
- An expanded capacity for legal research involving interdisciplinary materials;
- The capacity to identify and solve legal problems at an advanced level and to apply those solutions to complex commercial transactions; and
- The capacity to prepare and present sophisticated oral and written argument and defend that argument, to demonstrate rigorous legal analysis and to understand the practical environment in which the law is practised.
Last updated: 29 July 2022