COMMLAW 3502NA - Legal Aspects of International Business III

Ngee Ann Academy - Trimester 3 - 2014

This course introduces students to the legal aspects of doing business abroad. Topics include: the different legal systems; tax and regulation of trade; the enforceability of contracts; and judgements and dispute management across borders. The course also introduces students to the issues of intellectual property protection and antidumping regulations

  • General Course Information
    Course Details
    Course Code COMMLAW 3502NA
    Course Legal Aspects of International Business III
    Coordinating Unit Adelaide Law School
    Term Trimester 3
    Level Undergraduate
    Location/s Ngee Ann Academy
    Units 3
    Prerequisites COMMLAW 1004
    Course Description This course introduces students to the legal aspects of doing business abroad. Topics include: the different legal systems; tax and regulation of trade; the enforceability of contracts; and judgements and dispute management across borders. The course also introduces students to the issues of intellectual property protection and antidumping regulations
    Course Staff

    Course Coordinator: Kathleen Metzger

    Name: Kathleen A Metzger, Esq.

    Short Bio:
    Kathleen A. Metzger has been active as a legal consultant, coach and educator in Singapore since 2006. Formerly chief legal officer for several multinational and start-up companies, she most recently served as legal counsel for Novartis Institute for Tropical Diseases in Singapore. Previously she was General Counsel for Behringer Holdings (electronics for music industry), Vice President Legal Affairs for Fiskars Brands, Inc. (consumer products), Director, Legal and Financial Affairs for Pharmasset Inc. (start-up biotech), and Attorney, Finance and International for Dow Corning Corporation. A self-proclaimed “jack of all trades” in terms of legal specialty, her legal experience has been focused on international commercial transactions, mergers and acquisitions, corporate matters, intellectual property, dispute resolution (arbitration and litigation), employment, real estate, and finance. Prior to her career in law, Ms. Metzger worked in finance, credit management and tax. Ms. Metzger received her Juris Doctorate in law from Columbia University School of Law in New York City, Master in International Management from Baylor University (Texas) and Bachelors in Arts in Economics from Michigan State University. She holds certificates in management accounting and financial management, and is a member of the Singapore Institute of Arbitrators. She is qualified to practice law in the US (New York, Michigan) and admitted as an Advocate and Solicitor of the Supreme Court of Singapore.

    Email: kathleen.metzger@adelaide.edu.au

    Phone: +65 9069 7844
    Course Timetable

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


    Intensive 1 Intensive 2 Daily Schedule Written Assignment Exam
    9th Oct

    10th Oct

    11th Oct

    13th Oct

    14th Oct
    20th Nov

    21st Nov

    22nd Nov

    24th Nov

    25th Nov
    Lecture:

    10am - 1pm

    Tutorials:

    Group 1: 2:30pm - 4pm

    Group 2: 4pm - 5:30pm
    Due: 3rd Nov 18th Dec

    *11 October and 22 November are consultation days. Lecturer available for consultation 9:30AM to 12Noon. There is no lecture/tutorial session on consultation days
    **Students will be divided into Group 1 and Group 2 at the first lecture session.

    The full timetable of all activities for this course can be accessed from the Course Planner at http://access.adelaide.edu.au/courses/search.asp?year=2013

  • Learning Outcomes
    Course Learning Outcomes

    This course provides students with a basic understanding of the legal rules that affect global business. Topics include the rules relating to international trade in goods and services, intellectual property, international sales, and international transport. More specifically, the course is designed to encourage business students to:

    Knowledge and Understanding
    1. Develop an understanding of the ways in which legal rules can affect operation of global business.
    2. Become familiar with the overall structure of the legal environment for global business.
    3. Be introduced to different legal systems and attain an appreciation of how they apply different legal rules to regulate international business transactions.
    4. Gain practice in applying legal rules to advise on the effectiveness of proposed international business transactions.

    Communication Skills
    5. Provide students with the opportunity to practise their skills of written and oral expression.

    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. 1-4
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1-4
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 4
    Skills of a high order in interpersonal understanding, teamwork and communication. 5
    A proficiency in the appropriate use of contemporary technologies. 5
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1-4
    A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1-4
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1-4
  • Learning Resources
    Required Resources
    Prescribed textbook:
    International Business Law – text, cases and readings, by August, Mayer and Bixby, 6th Edition, Pearson Education, International Edition.
    Recommended Resources
    WTO website:     http://www.wto.org/
    Online Learning
    Copies of the lecture slides, tutorial questions, and details of the assignment and oral presentations will be available via the course website.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The approach to learning and teaching in this course will involve lectures supported by problem-solving tutorials developing the material covered in lectures.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
    Activity Hours
    Attendance at lectures 20
    Attendance at tutorials 20
    Preparation for lectures 20
    Preparation for tutorials 20
    Preparation for oral presentations 10
    Completion of the assignment 30
    Revision for final exam 20
    Attendance at final exam 3


    Learning Activities Summary

    Day Topic Text book Chapters
    1 Introduction to International Business Law and Multinational Enterprises 1 and 4
    2 Multinational Enterprises and International Sales of Goods 4 and 10
    Consultation Day
    3 International Transport; Letters of Credit and Trade in Goods 11, 12 (section on L/Cs only) and 7
    4 International Trade in Goods, Services and Labour 7 and 8
    5 Foreign Investment 5
    6 Money and Banking 6
    Consultation Day
    7 Intellectual Property 9
    8 Dispute Resolution and Course Review 3


  • 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
    Tutorial Papers 20%
    Students are required to submit individually-prepared tutorial papers prior to every tutorial. This assessment task is both formative and summative and addresses course learning objectives 1-5.

    Oral Presentations 15%
    Students are required to give two oral presentations in collaboration with their team. Their ability to do so effectively will be assessed both individually (10%) and as a group (5%). This assessment task is both formative and summative and addresses course learning objectives 1-5.


    Written Assignments 15%
    Students are required to submit an individual professionally written assignment. This assessment task is both formative and summative and addresses course learning objectives 1-5.


    Final Exam 50%
    There will be a three-hour, closed book exam which will assess students’ understanding of the materials considered in the lectures and tutorials. This will be conducted 18 December 2014. This assessment task is summative and addresses course learning objectives 1-5.
     
     
    REQUIREMENTS

    Attendance

    Statutory obligations in Singapore are such that attendance in person is a compulsory condition of passing a course. Our specific requirements are that students must attend at least 80% of class sessions to be graded for that course.

    Students failing to meet these requirements will be automatically graded 0% Fail (F) on their transcripts.
    Assessment Detail
    Tutorial Papers 20%
    Students are required to submit individually-prepared tutorial papers by presenting the paper to the Lecture prior to the start of every tutorial. Further details will be provided on the website and in the classroom. This assessment task is both formative and summative and addresses course learning objectives 1-5.


    Oral Presentations 15%
    Students are required to give two oral presentations in a small group. Their ability to do so effectively will be assessed both individually (10%) and as a group (5%). The groups will be determined by the Lecturer. Further details will be provided on the website. This assessment task is both formative and summative and addresses course learning objectives 1-5.


    Written Assignments 15% - due date Monday 3 November
    Students are required to submit an individual assignment by the due date. Further details will be provided on the website. This assessment task is both formative and summative and addresses course learning objectives 1-5.


    Final Exam 50%
    There will be a three-hour, closed book exam which will assess students’ understanding of the materials considered in the lectures and tutorials. This will be conducted 18 December 2014. This assessment task is summative and addresses course learning objectives 1-5.
    Submission
    The assignments should be submitted to the Lecturer as an MSWord attachment to an email sent from each student’s official email address. Unless prior arrangements have been made, late assignments will receive a penalty of 5% per day. The normal “turn-around” time for providing feedback on assignments is about two weeks.
    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.

    Due to comments made in previous year’s SELT forms the following changes have been made to the course:

    • Separate tutorial classes have been made available to students (last year a combined tutorial class was required due to a lack of staffing resources)
    • Earlier feedback is being given to students with a class test planned for week 6.
    • Class tests involving other than just multiple choice questions will be used to vary the types of assessment.
  • Student Support

    Occupational Health and Safety Arrangements

    The School is committed to upholding the University’s Policy on Occupational Health and Safety (OH&S). All staff and students have a legal responsibility to act in the interests of themselves and others with respect to OH&S.

    To assist us, and to comply with your responsibilities, you are required to become informed about emergency evacuation procedures and the evacuation areas for the classes you attend.

     

    Evacuation Procedures

    Staff and students must leave the building via the fire stairs once the notice to evacuate has been given. The lifts should not be used.

    Those experiencing difficulties leaving the building should notify the floor warden. Staff and students may return to the building only after the Warden has granted permission.

     

    Medical Emergencies & First Aid In a life threatening situation only please telephone 8313 5444.

     

    Representatives and Officers

    First Aid officers are trained to deal with first aid situations. School Safety Officers represent the Head of School in OH&S matters. The elected OH&S Representative can represent staff and students in OH&S issues.

     

     

    Accident and Incident Reporting

    OH&S legislation demands that all accidents and near-miss incidents be reported to the School Manager or Head of School. In the event of an accident or incident the person involved, and their supervisor, must complete an Accident/Incident Report and Investigation Form, within 48 hours of the accident/incident. A copy of the completed form is to be forwarded to the OH&S Safety Officer. Copies of the form are available from the OH&S Representative or Safety Officer. For further assistance please contact the MBA front office.

     

  • Policies & Guidelines

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

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    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 2014, 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.

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.