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

LAW8118 International Business Law

Semester 1, 2021 Online
Short Description: International Business 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 4
ASCED code : 090909 - International Law
Grading basis : Graded

Staffing

Examiner: Kate Deere

Other requisites

Pre-requisite: Enrolment in LLBH or a postgraduate program.

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 be able to:

  1. Evaluate developments in international business law (meaning the law relating to the international sale of goods, transport and payments; the World Trade Organisation; and international dispute resolution), and critically examine the relationship between those developments and contemporary theory or practice (LLM PO 1);
  2. Explain and interpret applied knowledge of international business law in practice (MBA PO 1).
  3. Interpret and evaluate research in international business law using advanced legal research methodologies and techniques (LLM PO 3); and
  4. Articulate advanced knowledge of international business law in written presentations (LLM PO 4).

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=2021&sem=01&subject1=LAW8118)

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

Chuah, J 2019, Law of international trade: cross-border commercial transactions, 6th edn, Sweet & Maxwell, London.
Lester, S, Mercurio, B & Davies, A 2018, World trade law text, materials and commentary, 3rd edn, Hart Publishing, Oxford, UK.
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 TEST 20 20 16 Apr 2021
ONLINE PROBLEM EXERCISE 30 30 30 Apr 2021
OPEN EXAM - ONLINE 50 50 End S1 (see note 1)

Notes
  1. This will be an online exam. Students will be provided further instruction regarding the exam by their course examiner via StudyDesk. The examination date will be available via UConnect when the Alternate Assessment Schedule 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:
    Due to COVID-19 the requirements for S1 2021 are: To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks for that item.

    Requirements after S1, 2021:
    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:
    Due to COVID-19 the requirements for S1 2021 are: To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

    Requirements after S1, 2021:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course.

  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:
    Due to COVID-19 the requirements for S1 2021 are: An Open Examination is one in which candidates may have access to any printed or written material and a calculator during the examination.

    Requirements after S1, 2021:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Normally Deferred and Supplementary Examinations are held in the next Examination period. In S1 2021 selected courses will pilot an early Deferred and Supplementary Examination period held within 30 business days of results release. The list of courses involved can be found at https://cmsauth.usq.edu.au/current-students/academic/exams/supplementary-and-deferred-assessment.

  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.

Date printed 18 June 2021