Commercial Law in Asia

Subject 730-866 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 2, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Dr Sarah Biddulph, Mr Andrew Godwin
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand fundamental aspects of the practice of commercial law from the perspective of a joint venture foreign investment transaction
  • Understand the interaction between policy, legal systems and commercial laws in North and East Asia
  • Have an insight into practical commercial dispute resolution and contract management
  • Understand how international agreements, including WTO, influence trade
  • Understand the structure and operation of selected legal systems in North and East Asia
  • Understand the utility and limitations of comparative analysis of laws
  • Be able to respond effectively to practical case studies relating to business and investment in Asia.

Syllabus:

The commercial systems of North and East Asia are diverse and, in practice, often very different to those of the developed Western states of Western Europe, North America and Australasia. This subject analyses case studies drawn from commercial practice in different North and East Asian jurisdictions.

Principal topics will be selected from the following:

  • Social context of Asian laws: Introduction to subject case study
  • Foreign investment
  • Banking law: Regulatory issues
  • Land law, resources and environment
  • Companies and corporate governance
  • Debt recovery
  • Taxation
  • Labour law
  • Dispute resolution
  • Commercial litigation
  • Intellectual property
  • WTO and international trade regulation
  • Practitioners experiences in North and East Asia.
Assessment:
  • Take-home examination (100%) (14-17 November)
    or
  • Research paper 10,000 words (100%) (17 November) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-866Commercial Law in AsiaMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand fundamental aspects of the practice of commercial law from the perspective of a joint venture foreign investment transaction
  • Understand the interaction between policy, legal systems and commercial laws in North and East Asia
  • Have an insight into practical commercial dispute resolution and contract management
  • Understand how international agreements, including WTO, influence trade
  • Understand the structure and operation of selected legal systems in North and East Asia
  • Understand the utility and limitations of comparative analysis of laws
  • Be able to respond effectively to practical case studies relating to business and investment in Asia.

Syllabus:

The commercial systems of North and East Asia are diverse and, in practice, often very different to those of the developed Western states of Western Europe, North America and Australasia. This subject analyses case studies drawn from commercial practice in different North and East Asian jurisdictions.

Principal topics will be selected from the following:

  • Social context of Asian laws: Introduction to subject case study
  • Foreign investment
  • Banking law: Regulatory issues
  • Land law, resources and environment
  • Companies and corporate governance
  • Debt recovery
  • Taxation
  • Labour law
  • Dispute resolution
  • Commercial litigation
  • Intellectual property
  • WTO and international trade regulation
  • Practitioners experiences in North and East Asia.
  • Take-home examination (100%) (14-17 November)
    or
  • Research paper 10,000 words (100%) (17 November) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Dr Sarah Biddulph, Mr Andrew GodwinLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730866P12.500Semester 2NLawLaw730-866

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