Throughout its history, Australia has enjoyed the many benefits of stable legislative, judicial and administrative systems. Lawyers, businesses and members of the public alike have grown to assume, without question, that they can rely on the statements of the legislatures and the courts to define the law and on the judicial and administrative agencies to apply and enforce that law appropriately. In this regard we are in a very small minority among the approximate 230 countries globally. This institutional stability means that a lawyer in practice within Australia can quickly become familiar with an unfamiliar area of the law. The decision making process of the bodies charged with the enforcement of the law will be familiar and most importantly, the whole political and cultural value system in which the laws have evolved will be understood.

The communication revolution and globalisation of business means that approximately half of all business transactions are conducted across national borders. Every enterprise or individual that engages in international business cannot afford to ignore all but the laws and legal procedures of its own country. Many lawyers and business people require a basic understanding of legal systems other than their own.

The object of this course is to develop an understanding of how firms doing business in an international environment are governed, regulated and affected. No single legal system is emphasized; rather, cases and materials from many countries are utilized to demonstrate the diversity and similarity of businesses formation, operation and procedure as well as the law. In addition, international organizations such as the United Nations, UNCITRAL, WTO, OECD, IMF, World Bank, ICSID etc. play large roles in regulating international business and they too are briefly examined, along with the treaties, conventions and agreements that are relevant.

This course is designed to examine and develop an understanding of:
i) The international regulatory regime for both international trade and business;
II) The principle types of legal and business transactions used to shift the production of goods and services from one country to another;
iii) The general ‘legal culture’ issues and specific legal problems which can arise in each international trade transaction;
IV) The thinking process necessary in analysing the legal and business issues posed by an international business transaction – where there is no “right” answer but there may be “better” or “less damaging” answers; and
V) The specific laws of some foreign jurisdictions with the aim of encouraging the creative flexibility so essential to the practice of international transactions.

These outcomes will provide students with a number of attributes:
• High level critical thinking and problem solving skills;
• Ability to evaluate and synthesize information and existing knowledge from a number of sources and experiences;
• Capacity to design and construct a logically compelling legal thesis/argument;
• High level oral communication skills;
• High Level written communication skills;
• Legal research skills including familiarity with and proficiency in modern legal research technologies; and
• A commitment to the rule of law and an appreciation of social justice through the operation of the law.

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 interact with students from different jurisdictional, cultural and discipline backgrounds, in order to develop an understanding of the international trading environment and the impact of trade agreements.

The world of international trade law is dynamic and changes daily. Furthermore, the study is impacted by international agreements, arbitral disputes taking place in various jurisdictions and the clash between civil code systems and common law systems. Consequently no one text book can provide an up-to-date resource of this area. However, I have listed an excellent book, which has only just been released, as the Prescribed Text. Listed below are readings from this text which must be undertaken before each scheduled class as the majority of class presentations will be based on the corresponding chapters.

Also listed below are a number of highly recommended texts which are available in the Law Library. You should also become familiar with the various electronic journals which cover this vast discipline.

• Bryan Mercurio, Leon Trakman, Meredith Kolsky-Lewis and Bruno Zeller, International Business Law – Oxford University Press – 2010 – ISBN 978019556017 - KC220 M556i – on Reserve in Law Library

RECOMMENDED RESOURCES FOR NON-LAW STUDENTS

A number of students participating in this course are non-law students whom it is assumed have completed the pre-requisite course Introduction to Business Law and therefore have access to a good business law text. If you do not have a text, I strongly recommend the following as it has been written specifically for business students:

• Andy Gibson and Douglas Fraser, Business Law (7th edn) – Pearsons – 2013 – ISBN 9781442565005 – KN250.K1 G4481b.7 – on Reserve in Law Library

The list of Recommended Resources will only be provided to enrolled students via MyUni.

Please note that the list of Recommended Resources was updated as of 15 July 2014 to ensure that students have access to the latest resources for the Course. Furthermore, links have been provided to all relevant Conventions and Treaties via the ‘My Documents’ section of the Course on MyUni. It is strongly suggested that you download these documents to you laptop so you may bring them to class, as I will be specifically referring to articles in various treaties. The most important treaty that you must bring with you either in hard copy or electronic format is the Convention on the International Sale of Goods (otherwise referred to as the CIGS)

Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

MyUni is the entry point to online learning at the University of Adelaide: MyUni provides students and staff with access to course materials, discussion forums, announcements and many other features to help manage your studying. http://www.myuni.adelaide.edu.au. The Announcement section will be used to keep you up-to-date with any changes. It is each student’s responsibility to frequently check the ‘Announcement’ section

Also please check your student email as course-related announcements are communicated by the Law School via email.

As the Course Co-ordinator is from interstate, face-to-face consultation will only take place the week of classes and is by appointment. All other communication is via email.

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/. 

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.