LAW3464 International Trade Law
|Semester 1, 2012 External Toowoomba|
|Faculty or Section :||Faculty of Business and Law|
|School or Department :||School of Law|
|Version produced :||30 December 2013|
Examiner: Des Taylor
Moderator: Noeleen McNamara
Pre-requisite: LAW2204 or LAW5604
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
A study of international business involves an examination of the environment in which such business is conducted. One important aspect of that environment is law. The law impacts not only on transactions which have a transnational aspect but also on the methods and structures through which an organisation, for example, one based in Australia, may conduct business overseas. It is clear that a failure to appreciate the legal ramifications of particular practices and transactions can have an adverse effect on the operations of an enterprise engaging in international business.
This course examines the impact of law on the enterprises that conduct international trade and business and on particular transactions entered into by such enterprises. The law concerning the formation and other aspects of international sales contracts pursuant to the Incoterms (latest version) and the CISG as well as the law relating to the international transport of goods by sea and international payments (documentary credits) will be examined. The course will also explore selected legal aspects of the World Trade Organisation and one particular regional grouping (namely the European Union). In addition, a study will be made of the law concerning some of the methods by which private international legal disputes are resolved.
On successful completion of this course, students should:
- have knowledge and understanding of the Incoterms (latest version) and the law relating to the CISG-governed contracts used in international sales transactions
- understand the law and legal ramifications associated with the international transportation of goods by sea
- understand how international payments are effected by documentary credits and some of the relevant legal issues associated therewith
- have an understanding of the World Trade Organization (WTO), especially its dispute settlement mechanism
- have knowledge of one of the regional groupings - the European Union (EU) - and the relevance of same to international business law (especially the free movement of goods)
- have an understanding of the methods by which private international legal disputes can be resolved and the advantages and disadvantages of attempting to resolve international business disputes by international litigation or by international arbitration
- demonstrate problem-solving skills appropriate to international trade and business law
- demonstrate satisfactory skills in communication
- demonstrate cultural literacy skills by understanding the international legal context for conducting business.
|1.||Incoterms and CISG-governed Contracts for the International Sale of Goods||20.00|
|2.||International transport of goods by sea||20.00|
|3.||International payments (documentary credits)||20.00|
|4.||The World Trade Organisation||10.00|
|5.||Regional groupings - the European Union||15.00|
|6.||International dispute resolution||15.00|
Text and materials required to be purchased or accessed
ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://bookshop.usq.edu.au/bookweb/subject.cgi?year=2012&sem=01&subject1=LAW3464)
Please contact us for alternative purchase options from USQ Bookshop. (https://bookshop.usq.edu.au/contact/)
Chuah, J 2009, Law of international trade: cross-border commercial transactions, 4th edn, Sweet & Maxwell, London.
Hargreaves, S 2011, EU law concentrate, 2nd edn, OUP, Oxford, UK.
European Union lawcards 2010-2011, 7th edn, Routledge-Cavendish, Oxford, England.
Mercurio, B, Trakman, L, Lewis, MK & Zeller, B 2009, International business law, Oxford University Press, Oxford, England.
Student workload requirements
|Description||Marks out of||Wtg (%)||Due Date||Notes|
|ONLINE TEST EXERCISE||0||0||27 Feb 2012||(see note 1)|
|ONLINE TEST 1||10||10||23 Mar 2012|
|ONLINE TEST 2||20||20||18 May 2012|
|EXAM PART A (MULTI-CHOICE)||20||20||End S1||(see note 2)|
|EXAM PART B (WRITTEN)||50||50||End S1|
- The online test exercise will be held within the first three weeks of the semester.
- The examination is scheduled to be held in the end-of-semester examination period. Students will be advised of the official examination date for Exam (Parts A and B) after the timetable has been finalised. The total working time for Exam (Parts A and B) is 2 hours.
Important assessment information
If you are an international student in Australia, you are advised to attend all classes at your campus. For all other students, there are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
Not applicable. Requests to do the online tests after the closing dates and times will NOT be granted.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.
Examination period when Deferred/Supplementary examinations will be held:
Any Deferred or Supplementary examinations for this course will be held during the next examination period.
University Student Policies:
Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.
Referencing in assignments: Students studying this course as part of a Bachelor of Laws or Juris Doctor must, when necessary use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in either of these programs may, when necessary, use either Harvard (AGPS) or the AGLC to format details of the information sources they have cited. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The AGPS style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.
Computer, e-mail and Internet access: Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.