LAW 7070 - International Trade Law (PG)

North Terrace Campus - Trimester 1 - 2016

The course information on this page is being finalised for 2016. Please check again before classes commence.

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.

  • General Course Information
    Course Details
    Course Code LAW 7070
    Course International Trade Law (PG)
    Coordinating Unit Adelaide Law School
    Term Trimester 1
    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 Staff

    Course Coordinator: Mr Yves Renouf

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    Knowledge 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.
    Communication Skills
    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

    No information currently available.

  • Learning Resources
    Required Resources
    This 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 Resources
    Due 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
    World Trade Organization:

    • 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.
    Dispute Resolution:

    • 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
    General:

    • 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
    Intellectual Property:

    • 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
    International Business

    • 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
    Private International Trade Law

    • 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 Learning
    Online 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 

    General Resources:
    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 

    Intellectual Property:
    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/ 

    Dispute Resolution:
    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 Modes

    No information currently available.

    Workload

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    Learning Activities Summary

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  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    No information currently available.

    Assessment Detail

    No information currently available.

    Submission

    No information currently available.

    Course Grading

    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.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    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.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/ 

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    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.

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