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International Commercial Law & Disputes (LAWS50094)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | Semester 1 |
---|---|
Fees | Look up fees |
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.
Generic skills
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: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (On Campus - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (On Campus - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (On Campus - Parkville) |
12.5 |
AND
One of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50027 | Dispute Resolution | Not available in 2024 |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70028 | International Trade Law |
December (On Campus - Parkville)
November (On Campus - Parkville)
July (On Campus - Parkville)
|
12.5 |
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Option 1: Independent research paper (see below)
| During the examination period | 100% |
Option 2: Online take home examination (6hrs)
| During the examination period | 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Independent Research Paper
The research paper will be on a topic set or approved by the subject coordinator. The research paper will demand advanced research skills, critical analysis of a complex and diverse array of international and comparative law source materials and an articulation of a clear and sophisticated legal argument.
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- Semester 1
Coordinator Richard Garnett Mode of delivery On Campus (Parkville) Contact hours Students are expected to attend all sessions whether participating on-campus or remotely. Total time commitment 144 hours Teaching period 27 February 2023 to 28 May 2023 Last self-enrol date 10 March 2023 Census date 31 March 2023 Last date to withdraw without fail 5 May 2023 Assessment period ends 23 June 2023
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - 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: 31 January 2024