76903 International Commercial Transactions
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particular session, location and mode of offering is the authoritative source
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Subject handbook information prior to 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70327 Introduction to Property and Commercial Law OR ((70108c Public International Law OR 76006c Public International Law OR 76110c 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. See access conditions.
Anti-requisite(s): 78152 International Commercial Transactions AND 78153 International Commercial Transactions AND 79603 International Business Transactions and the Law
Description
In this subject students develop an understanding of international commercial transactions. They examine the major legal frameworks for the international regulation of commercial transactions, as well as major international trade organisations (e.g. WTO, EU). The subject also provides an introduction to dispute resolution issues in the context of international transactions. The subject moves from understanding the legal and regulatory frameworks of international transactions, the types of property and what legal rights are involved in these transactions, to examining the main aspects of a transaction: payment, contracts, insurance, and dispute resolution. Students move beyond a theoretical understanding of these concepts in the workshops, where they solve real-time legal problems involving all aspects of an international commercial transaction.
Students' skills in drafting, statutory interpretation and legal analysis are reinforced through real-time transaction workshops.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Identify, analyse and apply the law relating to international commercial transactions. |
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| 2. | Locate and synthesise legal research relevant to International Commercial transactions in order to critically evaluate factual and legal issues. |
| 3. | Construct clear and persuasive legal arguments in writing that are supported by research and textual readings. |
| 4. | Identify and analyse how the law may affect common international commercial transactions and make reasoned choices amongst alternatives. |
| 5. | Construct logical and justifiable analysis as to how international regulation affects international transactions. |
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:
- 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) - Self management
The ability to implement appropriate self-management and lifelong learning strategies including:
a. An ability to undertake and initiate self-directed work and learning;
b. Well-developed judgment and responsibility as a legal professional in a broader social context;
c. The ability to support personal and professional development by:
(i). Reflecting on and assessing their own capabilities, wellbeing and performance;
(ii). Making use of feedback as appropriate;
(iii). Identifying and accessing appropriate resources and assistance; and
(iv). Making use of resources and support in developing resilience; and
d. A capacity to adapt to and embrace change and a commitment to ongoing learning. (LAW.8.1)
Teaching and learning strategies
Strategy 1: Preparation
Through completion of readings before class (as outlined in the reading guide on Canvas), students develop knowledge of key concepts and develop skills in legal interpretation of relevant cases and instruments, which they then practice and develop further in the workshops. Before each class, key questions are posted online (within the subject material for that day) to focus students’ attention and prepare them for discussion. Students are required to prepare for workshops by engaging with questions and readings prior to coming to class. Students use the Canvas Discussion Board to ask questions or share ideas prior to the class. Additional readings are available on Canvas if students wish to pursue particular theories further.
Strategy 2: Lectures
Each of the intensive days commences with lectures on the key topics, which cover case studies across the areas of: international payment; international contracts; the relevance of domestic law to international transactions; insurance; and dispute resolution. Students are 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: Collaborative workshops
The second part of each intensive day comprises a “real-time” workshop, in which students work in small groups to solve a complex legal/commercial problem, each covering the topics considered in the first part of that day.
Through solving four “real-time” legal problems in small groups, which involve reading, interpreting and applying international instruments, as well as relevant cases, students develop and improve their skills in critical analysis and legal interpretation, which form core parts of professional legal practice. The workshops include a range of authentic learning opportunities such as providing written advice to clients, team discussion and practice problems involving navigating, explaining and applying complex provisions in the international regulatory context. The workshop problems give students practice at reading, interpreting and applying case law and international instruments to solve legal problems. Mirroring practice in the real world, these problems take the form of exercises requiring students to provide legal advice to fictional clients in real time.
To re-enforce the need for student-centred learning prior to coming to the workshops, as well as the significance of students being able to communicate with colleagues in a small group, a mark of 10% is included for class participation as part of the assessment for the subject (Assessment Task 2). The workshops provide an opportunity for students to receive formative feedback from the seminar leader and their peers to ensure that they have understood the topics that are being considered that day. Students submit a group written answer (Assessment Task 1) at the end of each day. They are assessed on their knowledge and skills through workshop marks and receive written feedback from the seminar leader following each workshop.
Strategy 4: Research in the context of international commercial law
The research focus in the subject is centred on developing students’ capacity for clear communication, critical thinking and independent research. Students devise an original research topic and are guided through the steps of conducting research, both in class and online. This reinforces students’ general skills in legal research, with the development of their specific understanding of the effects of the international context on commercial transactions.
A seminar is devoted to the art of writing a research essay to assist students in the formulation of their research claim and to guide them through each stage of research and writing; this seminar covers research approaches and an analysis of the construction of an argument. As part of this class, students evaluate each other’s abstracts for their research papers, offering a further opportunity for collaborative learning. This also gives students an opportunity to understand how to undertake a legal analysis of an issue, and to receive oral feedback from the seminar leader and other students about the efficacy of particular strategies and approaches.
Students then work independently on their own research essay (Assessment Task 3), which requires students to identify and research a relevant legal issue, appropriate theory and secondary material on their own. Being able to use the library and legal databases to find relevant material is a key skill for a legal professional, and so too is the ability to independently research relevant concepts for communication to clients and for formulation of pleadings. Critical reading and analysis of judicial and scholarly material are also crucial skills in law. Students are welcome to consult with the lecturer during this process. Through these activities, students refine skills in identifying and synthesising relevant material, and then deploying this material to make reasoned, logical, justifiable and persuasive written and oral arguments.
Strategy 5: Case study analysis
The lectures focus on a number of key case studies in the area of international commercial transactions. Students are encouraged to participate in the lectures by thinking through, at each stage, the consequences of legal precedent for current legal and commercial questions.
Strategy 6: Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process.
Workshops: The marking guide criteria for the workshops are available from Canvas before class begins and are discussed during the first class. Students receive ongoing feedback during the workshops from the seminar leader as well as their peers. Students receive written feedback on each of their workshop solutions 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.
Class participation: Students use class participation as a means to test their understanding of legal concepts in the context of international commercial transactions. This source of feedback is available to students from Day 1 and provides opportunities to develop their capacity to present oral arguments.
Research essay: Students further develop their written and research skills in the process of writing their research essay (Assessment Task 3). Students receive oral feedback on their abstracts from the instructor and peers on the last day of class. Students also receive written feedback on their final essays via Canvas (Turnitin).
Subject Delivery
This subject is delivered online for all of Spring session.
Content (topics)
Topic 1 - Introduction to the Subject, Subject Policies and Assessment
Topic 2 - Agency
Topic 3 - Joint Ventures
Topic 4 - Licensing
Topic 5 - Letters of Credit
Topic 6 - INCOTERMS
Topic 7 - CISG (Vienna Convention)
Topic 8 – Dispute Resolution
Topic 9 - Sea Transport
Topic 10 - Air Transport
Topic 11 - Insurance
Topic 12 - Customs
Topic 13 - WTO
Topic 14 - Revision
Assessment
Assessment task 1: Tutorial problems
| Intent: | The aim of these problems is to provide students with the opportunity to put their legal knowledge into practice, to develop their communication and collaborative skills, and to experience these transactions in real time. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.8.1 |
| Weight: | 40% |
| Length: | Maximum 1500 words per problem (with 10% leeway) |
| Criteria: |
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Assessment task 2: Class participation
| Intent: | Class participation focuses on the conversation and discussion that help students to develop their understanding of the theories that they apply to critically evaluate research. Students practise communicating ideas in public and develop critical thinking skills. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.3.1 |
| Weight: | 10% |
| Length: | 250 words |
| Criteria: |
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Assessment task 3: Research Essay
| Intent: | This assessment task requires students to consider and research a specific contemporary issue in international commercial law in depth, and communicate these ideas in an essay. |
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| Objective(s): | This task addresses the following subject learning objectives: 3 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.3.1, LAW.4.1 and LAW.8.1 |
| Weight: | 50% |
| Length: | 1800 words +/- 10% |
| Criteria: |
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Required texts
John Mo, International Commercial Law (LexisNexis/Butterworths, 6th ed, 2015)
*PLUS supplemental/updating notes--see the UTS Canvas site for each week's notes
References
- Relevant instruments and cases will be posted on Canvas.
- UTS:Law Guide to Written Communication:http://www.uts.edu.au/current-students/current-students-information-faculty-law/overview#uts-law-guide-to-written-communication
- UTS Policy and Procedures for the Assessment of Coursework Subjects: http://www.gsu.uts.edu.au/policies/assessment-coursework.html