79603 International Business Transactions and the Law

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.