COMMLAW 2502 - Legal Aspects of International Business II

North Terrace Campus - Semester 1 - 2018

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 anti-dumping regulations

  • General Course Information
    Course Details
    Course Code COMMLAW 2502
    Course Legal Aspects of International Business II
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites COMMLAW 1004
    Incompatible ENTREP 3007
    Restrictions Available to Law students studying a double degree with Commerce
    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 anti-dumping regulations
    Course Staff

    Course Coordinator: Mr Domenic Carbone

    Location: Ligertwood Building

    Telephone: 8313 4759 (work)

    Email: domenic.carbone@adelaide.edu.au

    Course website: www.myuni.adelaide.edu.au
    Course Timetable

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

  • Learning Outcomes
    Course Learning Outcomes
    This course provides students with a basic understanding of the legal rules that affect global business. 

    On successful completion of this course, students will be able to:
    1. Analyse some key principles of international law to gain an understanding of how it impacts on international business across a variety of legal jurisdictions with a particular emphasis on the United States of America; the European Union and Australia.
    2. Analyse some public international law issues as they affect nations in their dealings with other nations in terms of trade in goods and services and the use of tariffs and subsidies and applicable retaliatory measures.
    3. Apply private international law to critical issues affecting international business such as in identifying the choice of law applicable to international sales contracts; the formation and terms of international sales contracts; intellectual property, transportation, financing and taxation issues.
    4. Reflect on the different approaches by different legal systems and attain an appreciation of how these different legal systems regulate international business transactions.
    5. Analyse the impact of international business law from a policy perspective and in the context of cultural and legal diversity.
    6. Conduct and analyse legal research and develop practice in the written and oral expression of legal issues affecting international business.
    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)
    1-4
    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
    1-5
    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
    5
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    1-4
    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
    1-4
    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
    1-4
  • Learning Resources
    Required Resources
    International Business Law- text, cases and readings by Ray August, Don Mayer and Michael Bixby, 6th edition, Pearson Education, 2013.
    Online Learning
    Lecture recordings will be made available to students on MyUni.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    Learning and Teaching Activities amounting to 36 hours (across lecture, seminar and structured learning activity formats) will be offered to students in this course.
    Workload

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

    The University expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 9 hours of private study in addition to your regular classes.

    Learning Activities Summary
    The topics to be covered include:

    Topic
    1 Introduction to International Law
    2 State Responsibility
    3 Dispute Resolution
    4 The Multinational Enterprise
    5 Intellectual Property
    6 Foreign Investment
    7 Trade in Goods
    8 International Sales of Goods
    9 Transportation
    10 Financing
  • 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 Task Task Type Due Weighting Length

    Redeemable

    Learning Outcome
    Tutorial participation Individual

    ongoing

    10% N/A No 1, 2, 3, 4, 5, & 6
    Online test Individual Monday Week 6 at 9 am

    10% 45 minutes No 1, 2, 3, 4 & 5
    Assignment Individual or group Monday Week 11 at 9 am 20% 2,000 words max No 1, 2, 3, 4, 5, & 6
    Exam Iindividual Exam period 60% 3 hours No 1, 2, 3, 4, 5, & 6
    Assessment Detail
    Tutorial Participation
    This will assess the qualitative contribution of students to tutorial classes.  Students will be assessed by their tutor on their tutorial preparation and input into the tutorial discussion.  It requires regular attendance at tutorials but more importantly regular active participation in tutorial discussions.

    Online Test
    The Online Test consists of 15 multiple choice questions and students must answer all questions in 45 minutes, in a single sitting. Further details will be provided to students about the topics which the online test will cover as well as detailed instructions as to how to login online to complete the test.

    Assignment
    The assignment consists of a written essay that will cover legal issues affecting international business drawn from lecture topics.  The maximum word limit for the assignment is 2,000 words including footnotes. 

    Final Exam
    There will be a 3 hour exam with 10 minutes reading time.  The exam is “open book” but you must not bring into the exam room any book belonging to the University of Adelaide Libraries.  “Permitted Materials” in the exam room are the prescribed textbook or any other textbook, course materials and handouts, your own lecture and other notes written and prepared by you, and not prepared by or taken from someone else.  You may also bring into the exam room an English or English/foreign language dictionary (paper only).

    It is each student's responsibility to read the examination timetable.  Misreading the timetable is not accepted as grounds for granting a replacement/additional (sup) exam.  University staff are not permitted to provide examination times to students over the telephone or in response to personal enquiries.  Examinations will be held only at the time and locations stated in the University’s Examination Timetable, so they may not be taken in another country.

    Students should not make any arrangements to be absent until after the replacement/additional (sup) exam period.

    Legible hand-writing and the quality of English expression are considered to be integral parts of the assessment process.  Marks may be deducted in the final examination because of poor hand-writing.
    Submission
    Assignments must be submitted electronically via Turnitin.  This means that all papers will be electronically checked for plagiarism.

    Late Submission: 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 assignment that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%.  An assignment that is more than 24 hours late will lose 10%, etc.

    Word Length: The maximum assignment word length is 2,000 words.  Assignments that exceed the word length may be subject to a penalty of 5% of total marks possible per 100 words or part thereof at the discretion of the marker.  Quotations and all referencing information are included in the word count.
    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.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

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

    Finality of Assessment Grades

    Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

    Moderation
    In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:
    • assurance of the qualifications of markers, and their knowledge of the content covered in each course;
    • detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
    • sharing of example marked assessments at various grade bands across markers;
    • reviewing of selected marked assessments from each marker by the course coordinator;
    • comparison of the marks and their distribution across markers;
    • automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
    • the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.
  • 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.

    Lex Salus Program
    Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

    Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

    Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

    Student Life Counselling Support
    The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
  • Policies & Guidelines

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

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia 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.