LAW 3538 - International Law Study Tour

North Terrace Campus - Quadmester 4 - 2017

This course is going to be used as the enrolment course for the Adelaide Law School study tours. As the study tours may vary their focus each year, this course is designed to have flexible topics each year depending on the focus of the tour.

  • General Course Information
    Course Details
    Course Code LAW 3538
    Course International Law Study Tour
    Coordinating Unit Adelaide Law School
    Term Quadmester 4
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Prerequisites LAW1504
    Quota Enrolment in the course is by an application process as places are limited depending on funding from DEWRR.
    Assessment Assessment in this course will include a combination of two or more of the following: interim written assessment; in-class presentation; assessment of contribution to class discussion; and/or research essay.
    Course Staff

    Course Coordinator: Dr Nengye Liu

    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes

    This course is designed to provide students with an introduction to the complexity of foreign and international law, an understanding of the legal system(s) of the country/ies visited, and a deeper understanding of Australian law in comparative and international perspective.

    On successful completion of this course students will be able to:

    1. Explain the basic principles of Chinese law and comparative law, and articulate the main difference and similarities between the legal systems of Australia and China;
    2. Evaluate legal information, and critique the operation of the law from a comparative perspective.
    3. Structure and sustain concise and cohesive written arguments for a legal audience.
    4. Conduct legal research and analysis at an intermediate level independently in an academic environment.
    5. Analyse the operation of Chinese law from policy and comparative perspectives, and in the context of social and cultural diversity.
    6. Reflect on the roles of the judiciary, parliament and executive in different legal systems, and their significance of the ethical practice of the law.

    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,4,5,6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2,3
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3,4
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    2,4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1-6
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources
    Session outlines are provided on MyUni along with the required readings for each session (where applicable). Further readings may be provided to students to coincide with site visits and these will be posted on MyUni and students notified.

    Course Textbook: Chen, Jianfu, Chinese Law: Context and Transformation (Martinus Nijhoff, 2008); and continual access to MyUni
    Recommended Resources
    N/A
    Online Learning
    MyUni will be utilised to upload additional resources (e.g., links to news items). Students will be encouraged to contribute to the Course Blog.

    Course website: www.myuni.adelaide.edu.au
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Seminars will be supported through interactive classes with broad discussions of theory and practice. Students will be required to do the prescribed readings before attending seminars and reflect on the seminars throughout the course.
    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

    Pre-departure seminar: 4 hours (23 October 2017, 14:00-16:00 and 30 October 2017, 14:00-16:00)
    In-country based seminars: 28 hours
    Site visits: 15 hours
    Set readings and preparation for class: 60 hours
    Preparation and writing of assignments: 50 hours

    Total: 157 hours
    Learning Activities Summary
    One Pre-departure seminar on Chinese Law.
    All scheduled events in China are subject to late change depending upon the availability of guests and arranged site tours.

    Date Class Time Event Time
    Nov 19
    Sunday
    Opening Ceremony & Welcome Banquet  18:00 -20:00
    Nov 20
    Monday
    Law and Development in China
    (Prof ZHENG Ge)
    8:30-12:00 Visit SJTU Xuhui Campus 14:00 - 17:30
    Nov 21
    Tuesday
    Chinese Financial Law
    (Prof XU Donggen)
    8:30-12:00 Visit Colonial part of Shanghai 14:00-17:30
    Nov 22 
    Wednesday
    Chinese Competition Law
    (Prof HOU Liyang)
    8:30-12:00 Visit a law firm 14:00-17:30
    Nov 23
    Thursday
    China and International Law of the Sea
    (Dr LIU Nengye)
    8:30-12:00 Visit Chinese Icebreaker at Polar Research Institute of China 14:00-17:30
    Nov 24
    Friday
    Chinese Foreign Investment Law
    (Prof XU Xiaobing)
    8:30-12:00 Visit Shanghai Arbitration Commissoin 14:00-17:30
    Nov 25
    Saturday
    Day Tour (Suzhou) 9:00 - 18:00
    Nov 26
    Sunday
    Day Tour (Nanjing) 9:00 - 18:00
    Nov 27
    Monday
    Chinese Company Law
    (Prof SHEN Wei)
    8:30 - 12:00 Visit Minhang District Court 14:00-17:30
     Nov 28       Chinese Foreign Trady Law       8:30 -      Farewell Banquet                                           18:00 - 20:00
     Tuesday      (Prof HU Jiaxiang)                   12:00  
     Nov 29       Chinese IP Law                        8:30 -
     Wednesday  (Prof LIU Yongpei)                   12:00
  • 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
    #Assessment TaskTask TypeLengthValueDue DateLearning Outcomes
    1 Seminar contributions summative, individual, not redeemable course duration 10% course duration 1,2,3,4,5,6
    2 Reflective Journal summative, individual, not redeemable 1500 words 20% 8 December 2017 1,2,3,4
    3 Research Essay summative, individual, not redeemable 5000 words 70% 20 December 2017 3,4,5,6
    Total 100%
    Assessment Detail
    Participation 10%: Students are expected to actively participate in all seminars and site visits associated with the study tour. A primary method adotped in this course is sharing experience and demonstrating the capacity to relate the theoretical issues covered in seminars with practical site visits.

    Reflective journal 20%: 3*500 words reflective journal entries. 
    The journal is an opportunity to relect upon the legal and social issues that emerge from the readings, lectures or discussions with colleagues. 

    There is an expectation of 3 entries (500 words).

    Two
    entries will be on distinct legal topics or issues coming from the materials, visits, lectures or discussion. They will explain the topic, using relevant literature where appropriate. A critical relection on the topic is required. Questions that could be addressed include: why is this topic relevant? Are there any cultural or political differences that need to be taken into account in making this assessment?

    One entry will be a final relection on the study tour. How has the tour assissted me to understand the law? What lessons for Australia? Highlight(s) of the trip in terms of my legal education?

    These are formal assessment. They should be structured (introduction, outline of issues, development of argument/observations, conclusion). Their form and substance will be assessed.

    The journal entries will need to be submitted by 8 December 2017.

    Research essay 70%: It is an opportunity to explore issues in depth.
    You are expected to bring independent research and analysis to a comparative topic.
    It is a research essay. Think about the resources you will need to access.

    Essays will be judged on their structure, the development of an argument in answer to the question, the use of sources and the overall conclusions.

    The normal academic conventions (originalism, referencing etc) apply.

    Chose one topic or theme discussed during the seminars or tours and construct a research question on this (in consultation with teaching staff). The research essay will assess your knowledge of one aspect of Chinese law in context. It will require you to develop logical arguments about your chose topic that are backed up with evidence. The assessment will test your ability to conduct independent research, and formulate well substantiated arguments.
    Submission
    The Reflective Journal and Research Essay are to be submitted electronically via MyUni. They need to be submitted to Turnitin, via MyUni site. Marked assignments will be returned to the student in printed form.

    Reflective Journal 20% 
    The journal must be submitted in electronic form to Turnitin through MyUni.
    All references must be appropriately cited in footnotes, in order to acknowledge sources, and avoid plagiarism.
    Students should ensure that when citing material they comply with the Australian Guide to Legal Citation.
    Students must not submit work for an assignment that has previously been submitted for this course or any other course.
    A penalty of 5% will apply for each day (or part thereof) that an assignment is overdue.
    A penalty of 5% will apply for every 100 words (or part thereof) by which assignments exceed the maximum word length. Words in excess of the word limit will not be read.
    Students must indicate the word count of each essay on the front cover of their assignments. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is seriously misstated, this may be regarded as academic dishonesty.
    Assignments will be returned to students within 3 weeks of the due date with written feedback.

    Research Essay 70%
    The essay must be submitted in electronic form to Turnitin through MyUni.
    All references must be appropriatedly cited in footnotes, in order to acknowledge sources, and avoid plagiarism.
    Students should ensure that when citing material they comply with the Australian Guide to Legal Citation.
    Students must not submit work for an assignment that has previously been submitted for this course or any other course.
    A penalty of 5% will apply for each day (or part thereof) that an assignment is overdue.
    A penalyt of 5% will apply for every 100 words (or part thereof) by which assignments exceed the maximum word length. Words in excess of the word limit will not be read. Students must indicate the word count of each essay on the front cover of their assignment. The word limit does not include footnotes. Footnotes must only be used for referencing, and not for inclusion of substantive content. If the word limit is seriously misstated, this may be regarded as academic dishonesty. 
    Assignments will be returned to students within 3 weeks of the due date with written feedback.

    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.

    The centre offers 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. 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.

    Further information regarding the Law School Policies and Procedures in relation to the Supplementary Assessment, Extensions, and Remarks etc can be found at: http://law.adelaide.edu.au/student/assessment/

    Plagiarism and other forms of cheating
    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School 2013 Enrolment Guide, and should not 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 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 a 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.