LAW3464 International Trade Law
|Semester 1, 2019 Online|
|Short Description:||International Trade Law|
|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|
Examiner: Kate Deere
Pre-requisite: LAW2202 or LAW1123 or LAW5602 or LAW5123
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.
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.
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.
On successful completion of this course, students should have:
- 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
- analysed international trade and business problems, and acquired introductory knowledge of methods for deterring and addressing them once disputes arise (including international arbitration)
- applied international trade and business law in the contexts of national trading problems and private transactions
- developed judgment in identifying which aspects of international trade and business law should be applied to different kinds of private transactions
- self-managed the timelines needed to address workload and assessment.
|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|
|9.||WTO agreements – part I||10.00|
|10.||WTO agreements – part II||5.00|
|11.||Preferential trade agreements (PTAs)||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/)
Student workload expectations
|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)|
- 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
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.
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:
Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)
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).
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 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.