77716 International Trade Law
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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 2025 is available in the Archives.
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. | Demonstrate independent thinking, creativity, and critical analysis in dealing with issues in international trade, and; develop a coherent and extensive knowledge of substantive and procedural law relating to international trade issues. |
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| 2. | Use high-level research skills and critically analyse issues in international trade law; this will include locating, citing, and distilling relevant primary and secondary sources. |
| 3. | Communicate ideas and argue clearly, with a particular focus on questions relevant to Australia’s engagement in international trade. |
| 4. | Identify and apply international collective obligations relating to equitable trade and the impact of trade on the environment. |
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)
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: Research Essay
| 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.3.1, LAW.4.1, LAW.5.1 and LAW.6.1 |
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| Weight: | 40% |
| Length: | 2500 words excluding footnotes, 10% leeway |
| Criteria: | Assessment Criteria:
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Assessment task 2: Class Presentation
| 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 |
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| Weight: | 40% |
| Criteria: |
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Assessment task 3: Class attendance and participation
| 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 |
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| Weight: | 20% |
| Criteria: | This task requires students to participate in tutorials extending beyond mere attendance. You will be asked to join in a group and lead the seminar style discussion. Before each session you will be asked to consider one or more world trade law legal problems, cases or transactions. The answers will be discussed in class.
Your seminar and class participation grade will be based on a combination of the following criteria:
There is already some flexibility built into these seminars and class participation grading criteria, so if you miss one session during for unavoidable reasons, but you actively participate in discussions you may still receive a high grade. The 20% value placed on this assessment item emphasizes the importance of full class participation in this subject. You must prepare in advance for the lectures and seminar and be able to exhibit analytical skills in dealing with the materials. Class participation means more than just attending. It means being prepared for class and contributing to class discussion in a meaningful way. You should also be mindful of not dominating the discussion, so as to allow other students the opportunity of participating. Attendance: is a requirement of the course and a roll will be taken at each class. |
Required texts
Peter Van den Bossche and Werner Zdouc: The Law and Policy of the World Trade Organisation, Texts, Cases and Materials (Cambridge University Press, 5th ed, 2021)
Recommended texts
Peter Van den Bossche and Denise Prevost, Essentials of WTO Law (Cambridge University Press, 2nd ed, 2020)
Michael Trebilcock, Robert Howse, Antonia Eliason, The Regulation of International Trade (Routledge, 4th ed ebook, 2019)
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
- WTO http://www.wto.org/
- Steve Suranovic, International Trade: Theory and Policy available online at http://www.flatworldknowledge.com/pub/international-trade-theory-and/199659
- Library of Economics and Liberty: http://www.econlib.org/
Other Websites
- IMF: http://www.imf.org/external/index.htm
- World Bank: http://www.worldbank.org/
- Austrade: http://www.austrade.gov.au
- Department of Foreign Affairs and Trade: http://www.dfat.gov.au/
- Judicial Commission of New South Wales: http://www.judcom.nsw.gov.au/
And other websites as referred to in the Program