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Law of Export Controls & Trade Sanctions (LAWS90288)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
December
Lecturer(s)
James Munro (Coordinator)
Stephen Speirs
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | December |
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Fees | Look up fees |
The law of export controls and trade sanctions is rapidly emerging as a key area of legal specialisation. This area of law was traditionally focused on trade in arms and military equipment but has gained significant prominence in recent years due to major expansions into new areas such as semiconductors, 5G technology, artificial intelligence, quantum computing, critical minerals, and cross-border data flows. With this rapid expansion and the high stakes of non-compliance, many multinational companies are implementing policies to ensure continuing conformity with this complex and evolving area of law.
This subject offers a comprehensive introduction to the law of export controls and trade sanctions, including both the international framework (e.g. UN instruments, Wassenaar Arrangement, the Australia Group) and the domestic rules of major jurisdictions (United States, European Union, China, United Kingdom). Students will explore the substance and coverage of the rules in this legal regime, including key concepts such as “dual-use” products, “technology transfer”, “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement and violations. Students will also examine the role of major institutions involved in the governance of these regimes. Students will be asked to think critically and develop their own thinking about the existing rules and governance, particularly whether they are fit-for-purpose and capable adequately addressing new subjects such as critical minerals and advanced technologies. Students will also consider the Australian-specific context, such as how AUKUS is changing the domestic legal landscape.
This subject is suitable for those interested in developing their understanding of this emerging area of law, as well as those interested in practicing in the commercially-relevant field of export controls and trade sanctions. Please note that this subject does not encompass WTO law and knowledge of WTO law is not required.
Principal topics will include:
- a comprehensive introduction to the law of export controls and trade sanctions, which comprises a collection of rules from international treaties and arrangements (e.g. UN instruments, Wassenaar Arrangement, the Australia Group), and the domestic legal frameworks of major jurisdictions (e.g. United States, European Union, China, United Kingdom, Australia);
- the coverage and scope of these varying rule-sets (e.g. ITAR, EAR, and FACR in the US, and their counterpart legislation in Australia and other major jurisdictions) as well as how these varying rule-sets interact with one another, and the role of major institutions involved in the governance of the regime (e.g. OECC, BIS, OFAC);
- key concepts in this legal regime such as “dual-use” products, "strategic goods lists", “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement mechanisms and the consequences of violations;
- challenges faced by the existing legal regime, particularly whether it is fit-for-purpose in the modern world amidst allegations worldwide of smuggling/evasion networks, and whether it is capable of adequately addressing new areas such as critical minerals, forced labour, and outbound investment;
- the Australian-specific context, such as how AUKUS is changing the domestic legal landscape and the foreign military sales (FMS) framework, and how Australia is leveraging and regulating its position as a key supplier of critical minerals.
Intended learning outcomes
On completion of this subject, students should be able to:
- explain the origins, purpose, and substance of the legal regime for export controls and trade sanctions in major jurisdictions
- identify and discuss the main concepts in the legal regime for export controls and trade sanctions (e.g. "dual-use" products, entities lists, person- / product- / sector- / country-specific approaches, circumvention)
- analyse and solve basic legal problems that arise in the field of export controls and trade sanctions
- interpret and apply the main legislation in Australia for export controls and trade sanctions, including new developments from the AUKUS arrangement
- discuss and critically evaluate why and how the legal regime has rapidly expanded in recent years into new areas, as well as the challenges associated with these new areas and with issues of enforcement/circumvention.
Generic skills
- Understanding of the body of specialist knowledge that constitutes the law of export controls and trade sanctions: - the multilateral rules and the domestic legal framework of major jurisdictions such as US and EU, and - the Australian legal context, including major legal developments arising from AUKUS and the emergence of critical minerals as a key strategic sector;
- Application of detailed knowledge of the law of export controls and trade sanctions to current and emerging problems in a manner that reflects expert knowledge and judgment;
- Analysis and evaluation of, and critical reflection on, the many contested theoretical, conceptual, and political problems that arise in connection with export controls and trade sanctions, and particularly its recent expansion to new and untested areas;
- Working in a cooperative and responsible manner in small groups.
- Incisive oral and written communication of applied knowledge of the law of export controls and trade sanctions to legal and non-legal audiences as would occur in a real-world situation, such as to in-house traders and executives, to government officials regulating export controls and trade sanctions, and to multinational clients in the context of private practice;
Last updated: 19 April 2024