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79603 International Business Transactions and the Law

6cp
Requisite(s): ((76006c Public International Law OR 70108c Public International Law OR 76110 Introduction to Public International Law) AND 70110 Introduction to Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76903 International Commercial Transactions AND 78152 International Commercial Transactions AND 78153 International Commercial Transactions

Description

In this age of globalisation and aided by the significant development of IT applications (i.e. internet and email), international trade has expanded and become more accessible to merchants; therefore, international business law forms an important part of the knowledge required for international business lawyers and merchants conducting business at the international level. This subject introduces students to those legal rules which affect traders doing business where there is an international element involved. The subject focuses on legal and practical matters relating to:

  • the uniform law governing contracts for the international sale of goods (CISG), including an overview of the Convention's important provisions on formation of contract, obligation of the parties and remedies for breach of contract
  • the law relating to the international carriage of goods (by air and sea), including insurance and payment (e.g. letters of credit) in relation to such transactions
  • exporting through various licensing and franchising arrangements
  • the resolution of any disputes and the enforcement of judgments where litigation occurs with an international element.

This subject also provides an overview of the World Trade Organization's structure, procedures and work, including the GATT and Anti-dumping measures.

In this subject students learn to identify international rules applicable to various forms of commercial transactions. Students are given the opportunity to develop a capacity to think critically, strategically and creatively in presenting (oral and written) legal arguments and submissions on hypothetical, real-life problems. Students undertake research in the area and acquire skills in analysing and applying international rules and case law to provide appropriate advice to a client in resolving international contractual disputes. Giving effective legal advice in relation to the availability of appropriate remedy is an essential skill in practice and it is often required to be given in writing. Students experience the authentic, everyday task of an international business lawyer in giving clear and effective written legal advice in a form appropriate for a client, under real-life time constraints.


Detailed subject description.

Fee information

Information to assist with determining the applicable fee type can be found at Understanding fees.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.