International Business Transactions

This subject is not offered in 2014.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

This subject is a basic ‘how-to’ on international business transactions and is essential for those wishing to practise international trade law. The subject focuses on the legal issues faced by practising lawyers in the field, with particular emphasis on the basic legal steps involved in structuring trade and investment transactions. Issues such as trade terms, international sales of goods, documentary credits and the various forms of operating a business and multinational enterprise will be discussed at length. The subject also considers several issues beyond trade and investment, such as franchising and intellectual property rights. Finally, the subject briefly covers possible action when disputes arise. The lecturer has practised international trade law in both government and private practice in North America, Asia and Australia. He has published in international business law, and taught international business law classes in Australia and Hong Kong for over a decade.

Principal topics will include:

• Basic trade contracts and common trade terms (f.o.b., c.i.f., etc.)
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Structuring business ventures abroad
• Regulatory issues and red tape
• Franchising
• Protecting intellectual property rights
• Foreign direct investment
• Dispute settlement.

A student who has successfully completed this subject should understand:

• How basic international trade and investment transactions are structured and work in practice
• The relevant regulatory regimes governing basic international trade and investment transactions
• How trade transactions are financed and how risk is transferred
• The various different forms of structuring business ventures abroad.

• Take-home examination (100%) (18 – 21 July)
  or
• 10,000 word research paper (100%) (27 August) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.