79603 International Business Transactions and the Law
Warning: The information on this page is indicative. The subject outline for a
particular session, location and mode of offering is the authoritative source
of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
Subject handbook information prior to 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify and analyse the laws that affect international business transactions; |
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| 2. | Discover and apply legal analysis and problem-solving techniques; |
| 3. | Evaluate real-life problems and analyse the international laws and available remedies |
| 4. | Construct and articulate effective legal advice, addressing the range of options for relief in the circumstances. |
| 5. | Identify and explain Australia’s trading relationship with other countries. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Research skills
Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1: Preparation for Seminars
Your learning will be most effective when you are actively engaged in the learning process. Therefore all students undertaking this subject are strongly encouraged to prepare before class and actively participate in seminars. The value of interactive learning and teaching lies in its encouragement of higher-order thinking skills such as critical analysis and evaluation. These are part of the subject objectives identified above.
Each week there are materials such as cases, legislation, commentary and audio-visual material that students need to study and reflect on before each seminar. The materials students need to study each week are listed in the seminar guide and are available in the ‘Subject Documents’ folder on Canvas. Students should also prepare their responses to the seminar questions from the seminar guide available on Canvas prior to participating in the seminars. These preparation activities enable students to participate in the seminar activities detailed below.
The lecturer will assume that the reading or preparatory work has been done and will answer questions during the seminar.
Strategy 2: Active attendance in Seminars (Lecture component)
You will need to attend Seminars where, during the lecture component, the teacher introduces and analyses concepts and laws/rules governing each Topic.
Although attendance is not compulsory, it is expected that students will attend the majority if not all the scheduled seminars in order to reach their learning objectives in the subject (see also Strategy 3 below).
Students will be required to have prepared for the lecture topics prior to coming to class by completing readings and by considering the guiding questions for that day. Students can seek clarification in class on any issues the readings may have raised. Students are encouraged to consider how these case studies apply to contemporary issues, and are encouraged to discuss/ask questions throughout.
Strategy 3: Class presentations on Tutorial questions (Tutorial component)
The tutorial program has been specifically designed to scaffold your learning in the skills of analysing legal problems and communicating that analysis in relation to each listed topic. These skills are practised and developed throughout the tutorial component in the subject.
For the tutorial component in class (1+ hour), students will (i) examine, by reference to case studies, the application of the concepts and principles discussed in the previous lecture and in the set readings, and (ii) make scheduled class presentations on set problem questions.
Students will work in groups and prepare written answers to the tutorial questions. These answers are to be submitted to the lecturer after the tutorial. Questions will be discussed and debated in the tutorial.
The structure of these tutorials and the weekly practice in presenting legal advice on the allocated Tutorial question, both target the Graduate Attributes of Critical Advice and Evaluation (3.0), and Communication and Collaboration (5.0).
Strategy 4: Communicating Legal Arguments and Advice
Throughout the session students will practice developing (oral and written) legal argument and articulating reasons for legal advice. Students will receive formative and cumulative feedback throughout the session in order to improve those skills.
Strategy 5: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. Class participation: Students should be using class participation as a means to test their understanding of legal concepts in the context of international commercial transactions. This feedback is available to students from Week 2 and provides opportunities to develop their capacity to present oral arguments. Students receive ongoing feedback during the scheduled classes from the seminar leader, as well as their peers. Students receive written feedback on each of their assessment tasks before the following class. This feedback provides students with the opportunity to reflect upon and develop their ability to construct an effective argument, write clearly and persuasively and communicate complex legal concepts. Research in assessment tasks: Students will receive written feedback on all their written work, including written feedback on their Final Exam; exam feedback will be made available for students to collect from Law Reception.
Subject Delivery:
Subject will be delivered face to face.
Content (topics)
- Introduction
- The International Element in Contracts
- The International Sale of Goods Under the Vienna Convention 1980 (CISG)
- Incoterms
- International Carriage of Goods; Cargo Insurance and Transportation
- International Payments and UCP
- International Business Techniques – Distributors and Agents
- International Business Techniques – Franchising and IP Protection
- International Litigation
- International Arbitration
- WTO; Free Trade Agreements; Customs
Assessment
Assessment task 1: Tutorial Questions and Participation
| Intent: | This assessment task is intended to assess your weekly revision of legal principles and your active contributions to tutorial discussions and activities. It also provides you with weekly feedback on your performance in class for this subject. |
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| Objective(s): | This task addresses the following subject learning objectives: 1 and 2 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 20% |
| Length: | 500 words. |
| Criteria: | Demonstration of having completed the prescribed weekly reading: engaged and made relevant comments and questions in class; engaged with other students’ oral presentations. Each Student will make both an oral presentation and provide a written answer to one question throughout the semester. The oral presentation should be ten minutes in length and the written answer 500 words. The written answer is to be lodged on the discussion board. Students are to prepare answers to the weekly workshop questions sufficient to participate in a class discussion. |
Assessment task 2: Written Assignment
| Intent: | Research skills are an essential part of being a lawyer. Every case in court or advice to a client involves being able to research the current law and being able to develop a clear and persuasive argument about the law. This task is intended to assess your research skills, your ability to analyse and evaluate issues in relation to the applicable international laws, and your ability to develop a clear and well-reasoned argument in writing in relation to these issues in the subject. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 30% |
| Length: | 1250 words (10% leeway applies). |
| Criteria: |
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Assessment task 3: Take-home Exam
| Intent: | 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. This assessment is intended to give you experience in this authentic, everyday task of a lawyer: giving clear and effective written legal advice in a form appropriate for a client, under real-life time constraints. |
|---|---|
| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1 |
| Weight: | 50% |
| Length: | 1,250 words per question x 2 questions (i.e. 2,500 words in total) |
| Criteria: |
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Required texts
Vivienne Bath & Gabriel Moens; Law of International Business in Australasia, 2nd Edition, The Federation Press. 2019.
The publishers of Law of International Business in Australia: Federation Press have advised the text is available from:
https://federationpress.com.au/product/law-of-international-business-in-australasia-2/ and use the Promotion Code EP1725 to get the student price when ordering.
.
The prescribed text book can also be obtainded from:
Booktopia https://www.booktopia.com.au/
Zookal https://www.zookal.com/
The Nile https://www.thenile.com.au/
The UNSW bookshop also stock many of our texts, including the recently published 7th edition of Criminal Laws: Materials and Commentary on Criminal Law and Process of NSW (https://www.bookshop.unsw.edu.au/details.cgi?ITEMNO=9781760021795), and they are also able to ship books nationally.
Additionally,Federation Press titles may be ordered directly at The Federation Press. Students will receive a 15% discount if they order online quoting Promotional Code EP1725 or calling us to place an order on 02 9522 2200.
Recommended texts
- Australian Law Reform Commission (ALRC) Report 80: Legal Risks in International Transactions http://www.alrc.gov.au/publications/report-80
- Robin Burnett and Vivienne Bath, The Law of International Business in Australiasia (Federation Press, 4th ed, 2009)
- Jason Chuah, Law of International Trade: Cross-Border Commercial Transactions (Sweet & Maxwell, 5th ed, 2013)
- Julie Clarke et al, International Commercial Law: Principles and Practices (Pearson, 2006)
- Lord Collins of Mayesbury et al (eds), Dicey, Morris and Collins on the Conflict of Laws (Sweet & Maxwell, 15th ed, 2016)
- Carole Murray et al (eds), Schmitthoff’s Export Trade: The Law and Practice of International Trade (Sweet & Maxwell, 12th ed, 2012)
- James Fawcett and Janeen M Carruthers, Cheshire, North and Fawcett: Private International Law (Oxford University Press (OUP), 14th ed, 2008)
- M Rafiqul Islam, International Trade Law of the WTO, (OUP, 2006)
- John O Honnold, Harry M Flechtner, Uniform Law for International Sales under the 1980 United Nations Convention (Kluwer International Law, 4th revised ed, 2009)
- Joseph Lookofsky, Understanding the CISG : a compact guide to the 1980 United Nations Convention on contracts for the international sale of goods (Alphen aan den Rijn : Kluwer Law International, 3rd (Worldwide) ed, 2008)
- Martin Mendelsohn and Lewis Rudnick, Negotiating an International Master Franchise Agreement (Sweet & Maxwell, 2002)
- Gabriel Moens and Peter Gillies, International Trade and Business: Law, Policy and Ethics (Routledge-Cavendish, 2nd ed, 2006)
- David McClean, Kisch Beevers and J H C Morris, The Conflict of laws: by the late J.H.C. Morris (Sweet & Maxwell, 6th ed, 2005)
- Bryan Mercurio et al, International Business Law (OUP Australia, 2009)
- Reid Mortensen, Private International Law in Australia (LexisNexis Butterworths, 3rd ed, 2015)
- Daniel Bethlehem et al (eds), The Oxford Handbook of International Trade Law (OUP, 2009)
- Martin Davies, Andrew Bell and Paul Le Gay Brereton, Nygh's Conflict of Laws in Australia (LexisNexis Australia, 9th ed, 2013)
- Michael Pryles, Jeff Waincymer and Martin Davies, International Trade Law: Commentary and Materials (Lawbook Co, 2nd ed, 2004)
- Michelle Sanson, Essential International Trade Law (Cavendish Publishing, 2nd ed, 2005)
- Michael Tilbury, Gary Davis and Brian Opeskin, Conflict of Laws in Australia (OUP, 2002)
- Michael Trebilcock, Robert Howse and Antonia Eliason, The Regulation of International Trade (Routledge, 4th ed, 2012)
- Bruno Zeller, The CISG and the Unification of International Trade Law (Routledge-Cavendish, 2007)
Other resources
Other Materials: Reports, Journals and General References
Access to materials can be obtained from the Lexis Nexis Student Support Centre as referred to in the textbook.
Useful Websites
- AustLII: http://www.austlii.edu.au/
- Australian Government Department of Immigration and Border Protection: http://www.border.gov.au/
- Australian Department of Foreign Affairs and Trade http://www.dfat.gov.au Australian Trade and Investment Commission (Austrade): http://austrade.gov.au
- Australian Federation of International Forwarders: http://www.afif.asn.au/
- Bolero: www.bolero.net
- Export Council of Australia: http://www.export.org.au/
- Efic, Australia’s export credit agency: http://www.efic.gov.au
- US Department of Commerce: http://www.commerce.gov
- Wikipedia for information on Incoterms 2010
- International Chamber of Commerce: http://www.iccwbo.org
- International Federation of Freight Forwarders Associations: http://www.fiata.com
- International Franchise Association: http://www.franchise.org Transparency International Australia: www.transparency.org.au World Trade Organisation: http://www.wto.org
- European Union: https://europa.eu/
- The Intellectual Property Law Server: http://www.intelproplaw.com
- CISG Data Base of the Institute of International Commercial Law (IICL) at Elisabeth Haub School of Law, Pace University: http://www.cisg.law.pace.eduhttp://iicl.law.pace.edu/cisg/cisg