International Trade Law

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/

International trade is of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject considers the private commercial legal issues that arise when goods are traded from one country to another, framework contracts such as agency and exclusive distribution, as well as public international law issues that arise when governments try to influence the subject of international trade. The goal of the subject is to give some sense of how the private commercial aspects of trade create issues for government-to-government relationships about trade, and vice versa.

Principal topics will include:

• The contracts by which trade in goods takes place: sale, transport, payments and insurance
• Marketing and licensing structures: distributors, agency, franchising, licensing and transfer of technology
• The impact upon trade of international institutions and agreements: The General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO)
• Impediments to, and regulation of, international trade: anti-dumping, duties and antitrust
• Regulation of international investment
• Conflict of laws issues in international trade
• Resolution of disputes in international trade litigation, arbitration, alternative dispute resolution and the recognition of foreign judgments and awards.

A student who has successfully completed this subject should:

• Be aware of the legal problems that arise from international commercial transactions
• Understand how the law of sale of goods, negotiable instruments, carriage of goods, securities, tax and dispute settlement is affected when goods and services are traded across national boundaries
• Be familiar with the ways in which trading parties resolve or reduce problems created by the international nature of their relationship
• Understand how international conventions, treaties and intergovernmental agreements promote, regulate and restrain trade
• Be aware of the various ways in which government regulation may affect international commercial transactions
• Be familiar with the different types of marketing structure used in international trade and Australian law relating to each type.

• Take-home examination (100%) (1 – 4 August)
  or
• 10,000 word research paper (100%) (22 September) on a topic approved by the subject coordinator
  or
• Take-home examination (50%) (1 – 4 August) and 5,000 word research paper (50%) (22 September) 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.