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The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW3464 International Trade Law

Semester 1, 2019 Online
Short Description: International Trade Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090909 - International Law
Grading basis : Graded

Staffing

Examiner: Kate Deere

Requisites

Pre-requisite: LAW2202 or LAW1123 or LAW5602 or LAW5123

Other requisites

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.

Rationale

Legal advisors increasingly need to consider problems of transactions and trade that cross national borders. This course gives students the opportunity to learn the body of treaty, statute and case law that deals with transactions which have an international aspect, and the international institutions and treaties through which organisations may conduct business overseas. It will help students to analyse problems of international business and trade, and to develop the problem-solving skills needed to address them. It is an important elective course for students who are planning to develop expertise in general commercial law or in different aspects of international law.

Synopsis

This course addresses various areas of the law of the World Trade Organisation (WTO) and the law relating to international business transactions. It examines the legal framework of the WTO, international sales contracts - especially as governed by the United Nations Convention on Contracts for the International Sale of Goods - the law relating to the international transport of goods by sea, and international payments (documentary credits). The course also includes a study of arbitration as a means of resolving international commercial disputes. Students undertaking the course need to have an understanding of the law of contract. An introductory knowledge of the treaty, statute and case law relating to trade and to the conduct of business across borders will be developed, as will skills of analysis and problem solving. The course will involve lectures and in-class problem-solving, and online discussion and critiques of international business problems.

Objectives

On successful completion of this course, students should have:

  1. acquired and communicated introductory knowledge of the World Trade Organisation (WTO) treaty system, the WTO dispute settlement system, international investment law, transport of goods by sea, investor-state arbitration, the common forms of contracts used in international sales transactions, and documentary credits
  2. analysed international trade and business problems, and acquired introductory knowledge of methods for deterring and addressing them once disputes arise (including international arbitration)
  3. applied international trade and business law in the contexts of national trading problems and private transactions
  4. developed judgment in identifying which aspects of international trade and business law should be applied to different kinds of private transactions
  5. self-managed the timelines needed to address workload and assessment.

Topics

Description Weighting(%)
1. Contracts for the international sale of goods – part I 10.00
2. Contracts for the international sale of goods – part II 10.00
3. International transport of goods by sea – part l 10.00
4. International transport of goods by sea – part ll 10.00
5. International payment for goods 10.00
6. International commercial arbitration 5.00
7. The World Trade Organisation (WTO) 10.00
8. Dispute settlement 10.00
9. WTO agreements – part I 10.00
10. WTO agreements – part II 5.00
11. Preferential trade agreements (PTAs) 5.00
12. Foreign investment. 5.00

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://omnia.usq.edu.au/textbooks/?year=2019&sem=01&subject1=LAW3464)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Chuah, J 2013, Law of international trade: cross-border commercial transactions, 5th edn, Sweet & Maxwell, London.
Lester, S, Mercurio, B & Davies, A 2018, World trade law text, materials and commentary, 3rd edn, Hart Publishing, Oxford.
Mann, T (ed) 2017, Australian law dictionary, 3rd edn, Oxford University Press, Melbourne, Australia.

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
The examiner will during the teaching semester advise students in the course area in USQStudyDesk of any recommended reference materials not already mentioned in the USQ course Introductory Book and course Study Book.

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 56.00
Private Study 69.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE PROBLEM EXERCISE 20 20 19 Apr 2019
ONLINE TEST 20 20 03 May 2019
EXAMINATION 60 60 End S1 (see note 1)

Notes
  1. This will be an open examination. The total working time for the examination is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    Online: 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.

    On-campus: It is the students' responsibility to attend and participate appropriately in all activities (such as lectures, tutorials, laboratories and practical work) scheduled for them, and 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.

  2. 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.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  5. 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.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material during the examination.

  7. 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.

  8. 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.