University of Technology Sydney

77716 International Trade 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.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): (70616c Australian Constitutional Law AND (22 credit points of completed study in spk(s): C04264 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies)) OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International 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): 76013 World Trade Law

Description

This subject enables students to develop an understanding of international trade law, essential for those planning to engage in cross-border legal services and international commerce. This subject focuses on the law relating to international sale of goods, including the CISG, INCOTERMS, carriage of goods, insurance of goods, and international payment systems. It also examines the key elements of the WTO, anti-dumping, conflict of laws and international dispute resolution, and introduces other international and regional organisations such as UNCITRAL, ICC, the EU, and APEC.

On completion of this subject, students will understand the basic elements of law relating to issues of international trade. Key skills developed are legal research and writing, presentation skills and the abilities to analyse problems and apply the law to resolve the issues from a legal and global perspective.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Understand the basic elements of law relating to issues of international trade
2. Critically analyse and evaluate problems and apply the relevant law to resolve issues from a legal and global perspective
3. Conduct effective legal research
4. Communicate orally and in writing logically, succinctly and persuasively in relation to international trade law

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. A specialised understanding of a complex body of legal knowledge, including the Australian legal system, impacts of historical and ongoing Anglo-Australian laws, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice.

    b. An in-depth theoretical and professional knowledge of the law and its role in society, building on earlier legal knowledge and skills and/or practice. (1.1)
  • Ethics and Professional Responsibility
    a. An independent and advanced capacity to value and promote honesty, integrity, accountability, public service and ethical standards.

    b. A well developed ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community. (2.1)
  • Critical Analysis and Evaluation
    a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
    b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1)
  • Research Skills
    a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate advanced intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.

    b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices in professional practice or research. (4.1)

Contribution to the development of graduate attributes

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

Legal Knowledge

An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)

Ethics and Professional Responsibility

An advanced and integrated capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0)

Critical Analysis and Evaluation

A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)

Research Skills

Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0).

Teaching and learning strategies

Strategy 1: Preparation for lectures and seminars

In order to prepare for the lectures, students are expected to complete the required reading prior to the lecture. All lecture materials and presentations will be available on Canvas. Make a note of any questions you would like addressed and ask these during the lecture.

You are expected to have a grasp of the basics of the topic so that face-to-face learning time can focus on verifying your understanding and developing more complex analyses.

Strategy 2: Seminar participation, discussion and analysis

Students are expected to come to class ready to engage in a lively, informed and critical discussion of the topics set for that class.

Strategy 3: Research

Students will be expected to undertake research early on in the session to prepare for their research essay

Subject Delivery

Classes will be held once a week for three hours per week. Classes will be discussion based.

Content (topics)

  • Introduction: legal issues that can be involved in international trade.
  • Introduction to the key elements of the WTO.
  • Introduction of regional trade organisations, FTAs and other international organisations relating to international trade law, such as UNCITRAL and the ICC.
  • International sales contracts and the CISG. INCOTERMS.
  • International carriage of goods. Insurance of goods.
  • Financing international trade.
  • Anti-dumping.
  • Conflict of laws and international dispute resolution.

Assessment

Assessment task 1: Class Participation

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.1, 3.1 and 4.1

Weight: 10%
Length:

1,000 words (nominal)

Criteria:

This task emphasizes the importance of students managing their time and working prior to each class to prepare for contribution at an advanced level in classes. Students prepare for each session by completing their readings and completing any other work and activities assigned to pre-class time (for example, quizzes and seminar question preparation).

Class participation also emphasises the importance of an advanced contribution to class activities as follows:

  1. Regular attendance AND consistent active participation, collaboration and engagement in class discussionsonrelevantandimportantpointsabouttopicscovered,ineachclass
  2. Demonstrated understanding of the teaching materials and questions for each session, through advanced responses to questions and posing relevant questions based on the material that develop thediscussion.
  3. Building on points made by others to improve discussions, and making a consistent, relevant and advanced contribution to in-classactivities.

Class records will be kept to record your level and quality of participation during class.

Please Note: class attendance alone will not be acceptable for this assessment.

Assessment task 2: Legal Advice

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1, 3.1 and 4.1

Weight: 30%
Length:

2500 words including footnotes

Criteria:

To provide a written legal advice to a client in relation to a specific factual scenario that draws on common issues and transactions that arise in legal practice. It should demonstrate the following:

  • Clearly identified issues.
  • Coherent analysis of arguments.
  • Proper referencing; depth of research; originality and insight.

Assessment task 3: Research Paper

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.1, 2.1, 3.1 and 4.1

Weight: 60%
Length:

3,000 words.

Criteria:

Your work will be marked as a whole and the following areas will be assessed:

  • Introduction
  • Main Body
  • Clearly identified issues
  • Understanding of and reference to the material covered in class
  • Reference to key agreements and class material
  • Depth of legal research
  • Originality and insight
  • Coherent analysis of arguments
  • Conclusion
  • Referencing: Footnotes and bibliography
  • Spelling, grammar, syntax and style

Overall Presentation

Required texts

Mo J, International Commerical Law (LexisNexis Betterworths 6th ed 2015); or

Schmitthoff: Export Trade: The Law and Practice of International Trade (Sweet & Maxwell 12th ed 2012)

References

  • Mavroidis PC, Trade in Goods (Oxford University Press 2nd ed 2012)
  • Todd P, Cases and Materials on International Trade Law (Sweet & Maxwell 2002)
  • Pryles M, Waincyer J & Davies M, International Trade Law Commentary & Materials (LBC 2nd ed 2004)
  • Matsushita M, Schoenbaum TJ, Mavroidis PC, The World Trade Organization - Law, Practice and Policy (Oxford University Press 2nd ed 2006)
  • Burnett R and Bath V, The Law of International Business In Australasia Australia (Federation Press 2009)

Other resources

Essential Websites

Other Websites

And other websites as referred to in the Program