78153 International Commercial Transactions

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 2025 is available in the Archives.

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

Requisite(s): ( 94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106c Principles of Public International Law) OR ((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 (70106c Principles of Public International Law AND 70107c Principles of Company Law AND (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))
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): 76903 International Commercial Transactions AND 78152 International Commercial Transactions

Description

In this subject, students develop an advanced 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 (eg WTO, EU). Students also work with 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. A theoretical understanding of these concepts is the starting point for advanced drafting practice in the real-time transaction workshops, where students solve real problems involving all aspects of an international commercial transaction. Students' advanced skills in drafting, statutory interpretation and legal analysis are reinforced in seminars and workshops. Students also devise a complex research question in the final workshop and use this as the basis for an independent research project.

Subject learning objectives (SLOs)

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

1.	Analyse, synthesise and evaluate the law relating to international commercial transactions.
2.	Identify, analyse and synthesise research materials, complex scholarly arguments and organizational/structural documents in the area of International Commercial transactions in order to critically evaluate areas of this law.
3.	Construct clear, complex and nuanced legal arguments in writing that are supported by legal and other evidence
4.	Develop a research question in the area of international commercial transactions, research relevant literature regarding that research question, and be able to evaluate sources, arguments and laws based on this research.

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 material 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 lecturer and peers on the last day of class. Students also receive written feedback on their final essays via Canvas (Turnitin).

Subject Delivery

The subject is run in intensive mode, across 4 days. Each day will comprise a series of lectures on key topics and then a ‘real-time’ workshop solving a complex legal/commercial problem.

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 advanced legal knowledge of ICT into practice, to develop their communication and collaborative skills, and to experience these transactions in real time.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	40%
Length:	Maximum 1250 words per problem
Criteria:	Coherent, logical and subtle analysis of the relevant issues of the hypothetical problem Identification of relevant cases and instruments and demonstration of understanding of the relevant law Application of the relevant law to the issues Articulation of a clear, complex and coherent argument which is logically structured and supported by evidence Clear written expression with correct use of grammar, punctuation and spelling Accurate, consistent and complete referencing according to AGLC

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.
Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: .1, .1 and .1
Weight:	10%
Length:	250 words
Criteria:	Sustained participation across the session Engagement in class and evidence of preparation as demonstrated by discussion and examination of relevant concepts in class Quality of preparation, demonstrating evidence of critical thinking in relation to the concepts and issues discussed in class Clarity of expression, use of appropriate language and a demonstrated ability to formulate responses in clear and succinct terms Taking initiative in generating discussion, encouraging others to participate and raising pertinent questions, which contributes to a collaborative learning environment

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.
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: .1, .1 and .1
Weight:	50%
Length:	2000 words (+/- 10%)
Criteria:	Identification and application of international commercial law and issues through use of relevant case law, legislation and secondary sources. Identification of individual and collective social & ethical interests which are impacted through the development of doctrine. Critical analysis and evaluation of social, ethical and doctrinal issues relevant to the essay question. Articulation of a clear and coherent argument which is logically structured and supported by evidence. Self-management demonstrated in quality of essay through self-directed work, learning and organisation. Clear written expression with correct use of grammar, punctuation and spelling. Accurate, consistent and complete referencing according to AGLC that demonstrates judgement and responsibility in terms of academic integrity, in particular honest and complete acknowledgment of sources.

Required texts

John Mo, International Commercial Law (LexisNexis/Butterworths, 6th ed, 2015)

PLUS notes supplementing/updating--see the UTS Canvas site under each content heading

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