International Business Transactions

Subject 730-429 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 4 (Undergraduate)
Dates & Locations:

This subject is not offered in 2009.
Time Commitment: Contact Hours: Three hours of seminars per week
Total Time Commitment: Estimated total time commitment of 120 hours.
Prerequisites:

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Obligations; Contracts or in each case their equivalents.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
Subject Overview:

Topics include the contracts by which trade in goods takes place (sale, transport, payments, insurance; marketing and licensing structures), distributors, agency, franchising, licensing, transfer of technology; electronic sales; conflict of law issues in international business; and resolution of disputes in international commercial-litigation, arbitration, alternative dispute resolution and the recognition of foreign judgments and awards.

Note: The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.
Objectives: Students who successfully complete this subject should have: (i) an awareness of the kinds of legal problems that arise from international commercial transactions (ii) acquired an understanding of how the law of sale of goods, carriage of goods and marketing is affected when goods cross national boundaries (iii) an understanding of the principal methods of dispute resolution.
Assessment:

Either a research paper of 5000 words, 100% (due end of semester) or final open-book examination of three hours, 100%.
Prescribed Texts: International Trade Law: Commentary and Materials (Pryles, Waincymer and Davies), Butterworths, 2nd edn, 2004
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of the subject students should have developed the following generic skills:

  • attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
  • the capacity for close reading and analysis of a range of sources
  • the capacity for critical and independent thought and reflection
  • the capacity to solve problems, including through the collection and evaluation of information
  • the capacity to communicate, both orally and in writing
  • the capacity to plan and manage time
  • intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

  • the capacity to undertake research in an area of international business law
  • the capacity to undertake analysis of legal principles and apply them to topical factual situations

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