LAW 7070 - International Trade Law (PG)
North Terrace Campus - Summer - 2015
General Course Information
Course Code LAW 7070 Course International Trade Law (PG) Coordinating Unit Adelaide Law School Term Summer Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Available for Study Abroad and Exchange Y Course Description This introductory course deals with structural aspects of the international trade law system, including the different municipal legal systems; the history of the international legal system; customary international law; treaty law and interpretation; the meaning and jurisprudence of international law statehood and recognition; international organizations such as the United Nations, the World Trade Organization, the IMF, World Bank, UNCTAD, UNCITRAL and ICSID as well as the relationship between the international legal system and domestic systems. In addition the course will review the legal vehicles available to facilitate international dispute resolution methods for governments and business entities. Specific attention is paid to the dispute resolution mechanism in the World Trade Organization, the International Centre for Settling Investor-State Disputes and International Commercial Arbitration. Finally the course briefly considers the concept of 'Choice of Law' for international trade contracts and the recognition of foreign awards and judgements through municipal courts.
Course Coordinator: Mr Keith Wilson
The full timetable of all activities for this course can be accessed from Course Planner.
Course Learning OutcomesKnowledge and Understanding
This introductory course deals with structural aspects of the international trade law system, including the different municipal legal systems; the history of the international legal system; customary international law; treaty law and interpretation; the meaning and jurisprudence of international law statehood and recognition; international organizations such as the United Nations, the World Trade Organization, the IMF, World Bank, UNCTAD, UNCITRAL and ICSID as well as the relationship between the international legal system and domestic systems. The course also considers sectoral trade law issues in goods, services, technical barriers to trade, environmental issues and IPRs. In addition the course will review the legal vehicles available to facilitate international dispute resolution methods for governments and business entities. Specific attention is paid to the dispute resolution mechanism in the World Trade Organization, the International Centre for Settling Investor-State Disputes and International Commercial Arbitration and the recognition of foreign awards and judgements through municipal courts
The overall aim of the course is to enable students to critically examine the legal operation of international trade agreements and their application and impact on international business and trading activities. More specifically, it is designed to enable students:
1 to understand the nature of international trade law within the structure of the international legal system, including the theory, relationships and influence of international customary law and treaty law; 2 to understand the key international agreements covered under the GATT/WTO multilateral trading framework; 3 to consider the roles played by international organisations including the United Nations, the World Trade Organisation, the IMF, World Bank, UNCTAD, UNCITRAL and ICSID; 4 to develop an understanding of several key areas of international trade law including trade in goods, services, technical barriers to trade, environmental issues, IPRs etc; 5 to critically examine the operation of international trade law in practical contexts; 6 to develop effective skills, both orally and in writing, in the construction of legal argument and analysis on issues of international trade law; 7 to develop effective skills in legal research on issues of international law and trade 8 to examine legal mechanisms available to facilitate international dispute resolution for governments and business, and the recognition of foreign awards and judgements.
9 The continuing development of good inter-personal and communication skills is widely recognised as important for all graduates. This course specifically seeks to develop students’ abilities to work in small groups, to engage the seminar group through presentations/case studies, to participate in group discussions and to interact with students from different legal systems, cultures and disciplines.
University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1,8 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 4 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 5 Skills of a high order in interpersonal understanding, teamwork and communication. 9 A proficiency in the appropriate use of contemporary technologies. 7 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 4 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 6 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 2,3
Required ResourcesThis course is offered intensively as a Summer School during two weeks in February 2015 (Wednesdays to Fridays, 4-6 and 11-13 February). In order to engage effectively in the intensive format and to complete the course successfully, students are expected to prepare by undertaking general reading and research relating to the course in advance of the week of lectures.
A package of materials will be provided before the first week of lectures. Students are required to bring their materials to class and are encouraged to bring additional relevant materials, reports and media articles, both historical and contemporary, and to use opportunities for discussion to address questions and issues that may have arisen during preparation. Lectures will provide the background context to, and an overview of, the various topics in the course and will draw out some of the connecting themes between the various parts of the course. The case studies/ topics and related materials will be distributed and assigned in the week before the commencement of the course.
Recommended ResourcesDue to the dynamic and changing nature of international trade law and the range of international agreements and organisations, as well as differing national jurisdictions and legal systems (common law, civil law etc), and arbitral disputes and other forms of dispute settlement continually being used, no specific text book is prescribed that can provide a completely up-to-date resource. Students are encouraged to read selectively from a range of recommended texts and references listed below, and also to undertake on-line research on the activities of relevant organisations as well as in electronic journals. If students are considering other textbooks and resources than those listed below, they are welcome to contact the lecturer to discuss their scope and applicability. References and chapters of texts dealing in detail with private business aspects of international trade law and export will be more applicable for those students also considering undertaking the second semester course in International Transactions and the Law.
Public International Law:
- Sam Blay, Ryszard Piotrowicz, and Martin Tsamenyi., Public international Law: an Australian perspective – Oxford Univeristy Press – South Melbourne – 2nd edn – 2005 – ISBN 019551422X
- Gillian Triggs, International Law: contemporary principles and practices – LexisNexis Butterworths – Sydney – 2nd edn - 2011 – ISBN: 9780409327038
- Martin Dixon, Textbook on International Law – Oxford University Press – Melbourne – 6th edn – 2007 – ISBN 9780199208180
- Stephen Hall, Principles of International Law – LexisNexis Butterworths – 3nd edn – Sydney – 2011 – ISBN 9780409327724
- Ian Sinclair, The Vienna Convention on the law of treaties – 2nd edn – 1984 – ISBN 0719014808
- Bhagirath Las Das, An Introduction to The WTO Agreements - Zed Books Third World Network – Malaysia – 1998 - ISBN 1856495825
- Peter Van den Bossche, The Law and Policy of the World Trade Organization: Text, Cases and Materials – Cambridge University Press – 2nd edn – 2008
- Robert E. Hudec, Essays on the Nature of International Trade Law -Cameron May - London – 1999 – ISBN 1874698775
- Walter Goode, Dictionary of Trade Policy Terms - Centre for International Economic Studies University of Adelaide - 2002 – ISBN 0863964753
- A. Hoda, Tariff negotiations and renegotiations under the GATT and the WTO: procedures and practice
- M. Rafiqul Islam, International Trade Law of the WTO - Oxford University Press – Sydney – 2006 – ISBN 0195553284
- WTO: Guide to the GATS: an overview of issues for further liberalization of trade in services.
- Anthony Connerty, A manual of international dispute resolution – London –Commonwealth Secretariat – 2006 – ISBN 9780850928372
- Vicki Waye (ed), A guide to arbitration practice in Australia – Adelaide Law School – Adelaide – 2nd edn – 2006 – ISBN 064645398X
- World Trade Organization: A handbook on the WTO dispute settlement system.
- World Trade Organization: World dispute settlement procedures. 2nd edn
- Michael Pryles, Jeff Waincymer and Martin Davies, International Trade Law: Commentary and Materials – Law Book Company – North Ryde – 2nd edn – 2004 – ISBN 0455 218900
- Michell Sanson, Essential International Trade Law – Palgrave Macmillan – North Ryde – 2nd edn – 2005 - ISBN 9781876905330
- Indira Carr, International Trade Law – Cavendish Publishing, London – 4th edn – 2010 – ISBN 9780415458436
- Justin Malbon and Bernard Bishop, Australian export: a guide to law and Practice – Cambridge University Press – Port Melbourne – 2006 – ISBN 9780521613958
- Carlos Maria Correa, Trade related aspects of intellectual property rights: a commentary on TRIPs Agreement – Oxford University Press – Oxford – 2007 – ISBN 9780199271283
- Bernard O’Connor, The Law of geographical Indications, Cameron May – London – 2004 – ISBN 1874698996
- Ray August, Don Mayer and Michael Bixby – International Business Law: Text, Cases and Readings – Pearson Education – 5th edn – 2009 – ISBN 9780136037750
- John J. Wild, International Business – Pearson Education – Frenchs Forest – 2007 – ISBN 9780733974724
- John Shijian Mo, International Commercial Law – Butterworths - Sydney – 4th edn – 2003 – ISBN 9780409320374
- Clark, Bagaric, McConvill, Edney, International Commercial Law - Pearson Education Australia – Sydney – 2006 – ISBN 0733984401
- Schmitthoff’s Export Trade: The Law and Practice of International Trade - (Carole Murray ed., 10th edn) – Thomson Sweet & Maxwell – London – 10th edn – 2007 – ISBN 9780421892804
- John Braithwaite and Peter Drahos, Global Business Regulation - Cambridge University Press – Cambridge – 2000 – ISBN 052178499
- Michael G. Bridge, The International Sale of Goods: Law and Practice – Oxford University Press – Oxford – 2007 – ISBN 9780199273584
- Robyn Burnett and Vivienne Bath, The Law of International Business in Australasia - The Federation Press – Sydney – 2009– ISBN 9781862877245
Online LearningOnline Learning:
MyUni will be used to post announcements, post additional lecture materials (including slides, and where available, audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
In addition, a range of online resources and websites contain a wealth of relevant information, including:
Public International Law:
American Society of International Law – www.asil.org/resource
International Affairs Resources – www.etown.edu/vl/
International Court of Justice – www.icj.org
International Trade Law Organizations:
World Trade Organization – www.wto.org
United Nations Commission on International Trade Law (UNCITRAL) – www.uncitral.org
UNDROIT – www.unidroit.org
World Trade Law – www.worldtradelaw.net
World Trade Online – http://insidetrade.com
EU – www.europea.eu.int
NAFTA – www.nafta-sec-alena.org
US Trade Rep – www.ustr.ogv/index.html
Australian Department of Foreign Affairs – www.dfat.gov.au
Australian Attorney General’s Department – www.ag.gov.au
World Intellectual Property Organization (WIPO) – www.wipo.org
World Trade Organization – www.wto.org
International Trade and Business Law:
Lex Mercatoria – www.lexmercatoria.org
CISG Online – www.cisg-online.ch
Pace University – www.cisg.law.pace.edu
OECD – www.oecd.org
International Chamber of Commerce - http://www.iccwbo.org/
International Standards Organization – www.iso.org
International Monetary Fund – www.imf.org
World Bank – www.worldbank.org/
World Customs Organization – www.wcoomd.org/
Georgetown University’s Institute of International Economic Law – www.law.georgetown.edu/iiel/
Food and Agriculture Organization – www.fao.org/
Codex Alimentarius – www.codexalimentarius.net
Inernational Maritime Orgnaization – www.imo.org/
International Commercial Arbitration – www.kluwerarbitration.com
ICSID – International Centre for Settlement of Investment Disputes – www.worldbank.org/icsid/
London Court of Arbitration - www.lcia-arbitration.com/
China International Economic and Trade Arbitration Commission – www.cietac.org.cn
Learning & Teaching Activities
Learning & Teaching ModesWith the exception of the first day of the course, which will consist primarily of intensive lectures covering a range of introductory material, the remaining sessions (mornings and afternoons) will consist of a mix of lectures/seminars on specific topics interspersed with student interaction, discussions and presentations.
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.As this is a 3 unit course taught intensively, the expectation is that students, in addition to the scheduled classes, will dedicate approximately 3 hours for every hour of classes in International Trade Law. Students in this course are encouraged to attend all classes throughout the course and should attend at least 70% of morning and afternoon sessions and complete the required assessment to pass the course.
Learning Activities Summary
No information currently available.
Specific Course RequirementsStudents must ATTEND AT LEAST 70% of all sessions and WRITE UP AND PRESENT (IN PAIRS/GROUPS) a short case study/topic (10-15 minutes per student) during the second week of the course. Assessment exceptions/extension (eg for illness) will be considered in accordance with University policy. In general, students who do not attend the required number of sessions or who do not prepare and deliver the seminar presentation will not be able to pass the course.
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment item % of final mark Due date Group or individual assessment Redeemable Learning objectives Class Participation 10% Classes from 4-6 and 11-13 February 2015 – attendance at at least 70% of sessions, including to participate in preparation and delivery of a small group presentation individual no 3, 4, 6, 7, 8
Students will be assessed on their in-class contribution to topic discussions, exchanges and interactions, including relevant additional material brought in
(a) Seminar Presentation in groups (10 minutes per student) on a topic/case study assigned one week in advance; and
(b) Written Outline (word limit 1000 words, submitted jointly)
10% each for (a) and (b) – total of 20% (a) As assigned for group presentation on 11, 12 or 13 February 2015
(b) Draft outline to be provided at presentation, final outline due 11.59 pm, Monday 16 February 2015
group no 2, 3, 4, 5 Case Study critique – short paper (1600 words) comparing the legal processes, outcomes and effects relating to two (2) of the case studies/topics presented by other students during the course 20% 11.59 pm, Monday 23 February 2015 individual yes 1, 2, 3, 8 Final Research Essay – maximum 4000 words, involving further research. Topic as assigned, or as discussed and agreed between the lecturer and the student, in week commencing 16 February 2015.
Note: Students choosing to use this course to satisfy the requirements of the substantial research piece of scholarship for their program must undertake the required disciplinary research and produce a 7,000-8,000 word essay which will be assessed against publication standards. This essary will replace the abovementioned research essay.
50% or 70% 11.59 pm, Monday 16 March 2015 individual 1, 2 3, 6, 8
Assessment Related RequirementsThe seminar presentation will be assessed on the following criteria:
- Demonstrated understanding of the material allocated;
- Capacity to lead and facilitate constructive discussion during the seminar;
- Capacity to engage other students, adopt inclusive practices and demonstrate sensitivity to the views of other students; and
- Students will be marked individually (except for the jointly submitted 1000-word written outline of the presentation to be given a single mark), including on their ability to work collaboratively
- Written assignments will be assessed on the following criteria:
- Ability to identify relevant issues and demonstrate understanding of the applicable law;
- Capacity to critically examine the legal and other related issues (political, economic, developmental etc where relevant) in a logically reasoned and considered manner;
- Capacity to engage with the question and to provide an intellectually sound response to the question posed; and
- Demonstrated understanding of relevant international legal materials
- The final written assignment will, in addition, be assessed on the following criteria:
- Evidence of further detailed research of both primary and secondary sources; and
- Proper and accurate citation of sources (eg Australian Guide to Legal Citation), including a complete bibliography.
Class Participation 10% Mix of full day (morning and afternoon sessions) and half day sessions from 4-6 and 11-13 February 2015 – attendance at at least 70% of sessions, including to participate in preparation and delivery of a small group presentation (a) Seminar Presentation in groups (10 minutes per student) on a topic/case study assigned one week in advance; and
(b) Written Outline (1000 words, submitted jointly)
10% each for (a) and (b) – total of 20% (a) As assigned, for group presentation on 11, 12 or 13 February
(b) Draft outline to be provided at presentation, final outline due 11.59 pm, Monday 16 February 2015
Case Study critique – short paper (1600 words) comparing the legal processes, outcomes and effects relating to two (2) of the case studies/topics presented by other students during the course 20% - redeemable by the Written Assignment 11.59 pm, Monday 23 February 2015 Final Research Essay – maximum 4000 words, involving further research. Topic as assigned, or as discussed and agreed between the lecturer and the student, in week commencing 16 February 2015.
Note: Students choosing to use this course to satisfy the requirements of the substantial research piece of scholarship for their program must undertake the required disciplinary research and produce a 7,000-8,000 word essay which will be assessed against publication standards. This essay will replace the above mentioned research essay.
50% or 70% 11.59 pm, Monday 16 March 2015
Students must retain a copy of all assignments submitted (Note TURNITIN requirement).
All assignments in this course are to be submitted electronically through Turnitin. By submitting your assignment electronically you are agreeing to the following:
I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.
Details for electronic submission through Turnitin will be provided with the assignment instructions.
All written work in the Law school is required to comply with the approved Law School style guide, The Australian Guide to Legal Citation.
Extensions: Requests for extensions must be made via email to the course coordinator. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
- Late Submission: Submission penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
- Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated excluding all footnotes and referencing within the text and cover page information and bibliography.
Grades for your performance in this course will be awarded in accordance with the following scheme:
M10 (Coursework Mark Scheme) Grade Mark Description FNS Fail No Submission F 1-49 Fail P 50-64 Pass C 65-74 Credit D 75-84 Distinction HD 85-100 High Distinction CN Continuing NFE No Formal Examination RP Result Pending
Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.The Law Student Writing Centre is a service provided by the Law School and the University CLPD. Senior Law students provide assistance with:
- interpreting assignment questions
- structuring assignments
- citations and AGLC compliance
Final results for this course will be made available through Access Adelaide.
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
- Academic Support with Maths
- Academic Support with writing and speaking skills
- Student Life Counselling Support - Personal counselling for issues affecting study
- International Student Support
- AUU Student Care - Advocacy, confidential counselling, welfare support and advice
- Students with a Disability - Alternative academic arrangements
- Reasonable Adjustments to Teaching & Assessment for Students with a Disability Policy
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangement Policy
- Academic Honesty Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Elder Conservatorium of Music Noise Management Plan
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.
The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.