Commercial Aspects of International Law (LAWS90290)

Commercial Aspects of International Law highlights the growing importance of public international law for transnational commercial activity. It will examine how public international law may apply and have practical use in a wide variety of international business matters.

The subject will introduce students to the basics of relevant public international law principles (e.g. sources of international law, individuals as subjects of international law, state responsibility for wrongful acts and sovereign immunity). Thereafter, the majority of our subject will be devoted to topic areas in which public international law impacts commercial rights and obligations (e.g. the role of international law in contracts, double tax treaties, environment and climate change regulation, free trade agreements, investment protection treaties, UN sanctions, corporate social responsibility and business and human rights). Our classes will take the perspective of the rights and obligations of commercial enterprises under public international law.

Intended learning outcomes

On completion of this subject, students should be able to:

• Identify the key sources of public international law that may apply (directly or indirectly) to commercial enterprises.
• Explain how commercial enterprises may be obligated to follow or comply with public international law.
• Discuss and research how commercial enterprises may have rights under public international law that protect or add value to their business.
• Analyse in a problem-type scenario whether public international law may be invoked to protect rights of commercial enterprises.

Generic skills

• Demonstrate advanced comprehension of evolving knowledge within pertinent legal domain(s).
• Exhibit proficiency in researching, assessing, integrating, and implementing existing information in relevant legal field(s).
• Display adeptness in solving complex problems, marked by adaptable strategies.
• Possess advanced skills in conducting legal research and conducting thorough analysis.