Digital Trade (LAWS90126)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
Contact information
December
Teaching staff:
Joshua Meltzer (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | December |
|---|---|
| Fees | Look up fees |
International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.
This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.
Indicative list of principal topics:
- Overview of the globalisation of the internet including global trends in internet access and use
- The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
- What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
- What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
- Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.
Intended learning outcomes
A student who has successfully completed this subject will:
- Be able to investigate, examine and analyse the impact of government laws and regulation on digital trade
- Have an advanced and integrated understanding of the application of international trade law to digital trade challenges and opportunities
- Be able to analyse and critically reflect on the tensions between expanding digital trade and achieving domestic regulatory goals
- Be able to analyse and critically reflect on whether measures affecting digital trade are likely to achieve their desired regulatory goals and to demonstrate a sophisticated appreciation of the broader economic impacts of such measures
- Have an advanced understanding of the limits of international trade law to digital trade challenges and be able to investigate and analyse where new international rules and/or norms are needed
- Have the cognitive and technical skills to examine, research and analyse how the internet and data is changing the nature of international trade and economic growth
- Have a sophisticated understanding of the various international economic forum (ie the World Trade Organization, Free Trade Agreements, APEC) where digital trade rules are being developed and be able to investigate, analyse and critically assess the opportunities and challenges to making progress in developing new rules and norms in each forum.
- Have a sophisticated understanding of the politics and stakeholder interests that underpin international debate and negotiations on digital trade issues
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to digital trade
- Have the communication skills to clearly articulate and convey complex information regarding digital trade to relevant specialist and non-specialist audiences, including in government, the private sector and civil society
- Be able to demonstrate autonomy, expert judgement and responsibility as a practitioner and learner in the field of digital trade
- Be able to research and apply digital trade law expertise to complex regulatory barriers.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Short digital trade problem
| 2 Weeks after the end of teaching | 25% |
Research paper on a topic approved by the subject coordinator
| 28 January 2026 | 65% |
| Hurdle requirement: A minimum of 75% attendance is required. | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- December
Principal coordinator Joshua Meltzer Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 5 November 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 3 December 2025 to 9 December 2025 Last self-enrol date 10 November 2025 Census date 5 December 2025 Last date to withdraw without fail 16 January 2026 Assessment period ends 20 February 2026 December contact information
Teaching staff:
Joshua Meltzer (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025