成人大片

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 成人大片: MyUni provides students and staff with access to course materials, discussion forums, announcements and many other features to help manage your studying. . 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 course will be presented by way of four all day intensive classes during from 25 to 28 August 2014.

Friday, 29 August 2014 has been reserved for optional training and this session will be discussed in class on Day 1.

Teaching will be by way of seminars, which calls for student interaction. This format requires that students undertake the prescribed reading before the sessions in order to participate in class discussions and address any issues that have arisen during preparation. Students are required to bring all their reading materials to class, as the Course Co-ordinator will refer to such materials as part of the learning process.

MyUni is the entry point to online learning at the 成人大片: 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 MyUni or 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.

In order to undertake the Assessment in this course, students should attend a minimum of three of the four daily sessions.

To successfully pass the course, students will need to allocate an appropriate time commitment to their studies. Students will be required to participate in a range of activities which may include, but are not limited to, assessment tasks, reading, researching, note-taking, consultation with staff, writing and informal discussions with other students. While the relative proportion of contact and non-contact time may vary for course to course, as a guide 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 which includes contact and non-contact time.

SESSION 1 – MONDAY, 25 AUGUST 2014

9.00 am to 10.00am	Introduction to Course International Trade Transactions is not only a cross-discipline subject but also based on real life practice. That is, it includes elements of law, economics, business and politics. Please be aware that this entire subject is based on a combination of international law treaties, domestic law but most importantly the business relationships and practices between traders. It is this last element that most students have difficulty understanding. To truly learn in this course you will not only have to undertake the reading as allocated, but you are expected to answer questions I raise throughout the class based on your own discipline knowledge, life experiences and readings. For students who come from jurisdictions where rote learning is the norm, this course will be vastly different. You will be expected to answer questions and also contribute to the discussion – I will not be giving you ‘the knowledge or the answers’ but rather a guide to the subject matter. Overview of Assessment In this session I will discuss the Assessment in detail. This will allow students to pay specific attention to certain aspects during the course, so that they are addressed in the actual assignments. Introduction by Student I will require each student to introduce him or herself. Many of you will have already participated in previous classes, and are likely to give little information about oneself or ‘tune out’. Please do not do this as I am seeking to understand the level of class knowledge so that I can adjust the course content where necessary to make this course as informative as possible for all participants. Therefore, please come to the first class ready to provide me with the following information: • Your name; • Country of Origin; • Undergraduate degree(s) completed; • Postgraduate degree currently enrolled in; • If you are an admitted legal practitioner and in detailing the jurisdiction(s); • Brief summary of your work history) • Why you are studying International Trade Transactions
10.00an to 10.45am Reading: Yes Chapter will be available for enrolled students on MyUni Class Handouts: No	MANDATORY PRE COURSE READING A number of students are not familiar with the basics of international trade. In past years I have taught Topic 1: International Trade: the Risks, the Parties, the Documents and Foreign Exchange on the first day of class, but given the limited class time and extensive topics we must cover, I have decided to provide you with mandatory pre-course reading material. The material is a comprehensive chapter covering the following issues and is also a useful practical guide for those of you who wish to pursue a professional career in this area: Topic 1: International Trade: the Risks, the Parties, the Documents and Foreign Exchange 1. Introduction 2. Documentation – General Categories of Documents 3. Risks      Credit Risk, Transport Risk, Transfer Risk and Exchange Risk 4. The Players      The Seller, The buyer, Customs, Quarantine and other Permit Issuing Agencies, Carriers, Forwarders, Brokers and Transport Operators, Insurer and Banks 5. Sales Contract and Documentation      The Sales Contract      Documentation 6. Specialised Rates of Exchange      Spot Rates –Buying or Selling, Cross Rates, Forward Rates and Foreign Exchange Terminology 7. Exchange Risk Management      Forward Exchange Contract      Optional Currency Contract      Foreign Currency Accounts (in Australia or offshore) 8. Doing Business Overseas      Agency      Distribution      Licensing We will briefly review the contents of the Chapter and you are encouraged to ask clarification/explanation questions during this period.
10.30 am to 10.45 am	Morning Break
10.45 am to 12.30 pm Reading: Chapter 2	Topic 2: International Sale of Goods 1. Introduction to the Convention on Contracts for the International Sale of Goods (CISG) 2. Introduction to the UNIDROIT Principles of International Commercial Contacts and Principles of European of Contract Law (PECL) 3. Transactions covered in the CISG
12.30 pm to 1.30 pm	Lunch
1.45 pm to 3.15 pm Reading: Chapter 2	Topic 2: International Sale of Goods cont., 4. What does the CISG apply to? 5. Interpretation of Sales Contracts 6. Formation of the Contract 7. Time of Acceptance 8. Acceptance with additional terms
3.15 pm to 3.30 pm	Afternoon Break
3.30 pm to 4.30 pm Reading: Chapter 2	Topic 2: International Sale of Goods cont., 9. Performance     1. Seller’s Obligations     2. Buyer’s Obligations

SESSION 2 – TUESDAY, 26 AUGUST 2014

9.00 am to 10.30 am Reading: Chapter 2	Topic 2: International Sale of Goods cont., 10. The Passing of Title 11. The Passing of Risk 12. Formalities 13. Remedies
10.30 am to 10.45 am	Morning Break
10.45 am to 12.30 pm Reading: Chapter 3	Topic 3: International Carriage of Goods: 1. Introduction 2. Special International Trade Terms – Incoterms 2000 and 2010     E Terms dealing with delivery passing at seller’s premises     F Terms dealing with port-to-port shipment     C Terms dealing with port-to-port shipment     Multimodal Terms developed by Incoterms     D Terms ‘destination’ or ‘arrival’ contracts
12.30 pm to 1.30 pm	Lunch
1.30 pm to 3.15 pm Reading: Chapter 3	Topic 3: International Carriage of Goods cont.,: 1. Charter parties 2. Bills of Lading Documents
3.15 pm to 3.30 pm	Afternoon Break
3.30 pm to 4.30 pm Reading: Chapter 3	Topic 3: International Carriage of Goods cont: 3. International Conventions for Carriage of Goods by Sea     Hague Rules     Hague-Visby Rules; and     Hamburg Rules

SESSION 3 – Wednesday, 27 August 2014

9.00 am to 10.30 am Reading: Chapter 3	Topic 3: International Carriage of Goods cont.,: 4. Marine Insurance 5. Carriage of Goods by Air
10.30 am to 10.45 am	Morning Tea
10.45 am to 12.30 pm Reading: Chapter 12 and 13	Topic 4: Dispute Resolution - Courts: 1. Choice of process 2. Choice of Jurisdiction 3. Choice of Law 4. Exclusive jurisdiction 5. Doctrine of Forum non conveniences
12.30 pm to 1.30 pm	Lunch
1.30 pm to 3.15 pm Reading: Chapter 12 and 13	6. Enforcing foreign judgments 7. Problems with enforcement 8. The Foreign Judgments Act 9. Jurisdiction over foreign judgments 10. Defences against enforcement of foreign judgments 11. Enforcing foreign judgments
3.15 pm to 3.30 pm	Afternoon Tea
3.30 pm to 4.30 pm Reading: Chapter 12 and 13	Topic 5: Dispute Resolution - Arbitration 1. Alternate dispute resolution the basics 2. International commercial arbitration 3. The scope of the UNCITRAL Model Law 4. Recognition and enforcement of arbitration Awards

SESSION 4 – THURSDAY, 298AUGUST 2014

9.00 am to 10.30 am Reading: Chapter 12 and13	Topic 6: Payment in International Business Transactions 1. Overview 2. Methods of Payment – Documentary Credits     ICC – Uniform Customs and Practices (UCP)
10.30 am to 10.45 am	Morning Break
10.45 am to 12.30 pm Reading: Chapters 4 and 11	Topic 6: Payment in International Business Transactions cont., 3. Comparative analysis     The US position – Uniform Commercial Code (UCC)     The UK position     The Canadian position     The eUCP – Electronic Uniform Customs and Practice     Other types of credit 4. Standby Letters of Credit and Guarantees)
12.30 pm to 1.30 pm	Lunch
1.30 pm to 3.15 pm Reading: Chapters 9 and 10	Topic 7: Doing Business Overseas 1. Agency 2. Distribution
3.15 pm to 3.30 pm	Afternoon Break
3.30 pm to 4.30 pm Reading: Chapters 9 and 10	Topic 8: Doing Business Overseas cont., 3. Franchising

SESSION 5 – FRIDAY, 29 AUGUST 2014 OPTIONAL SESSION

9.00 am to 10.30 am Reading: Chapter 8	Topic 9: Intellectual Property 1. What are Intellectual Property Rights? 2. Why are intellectual Property Rights Protected?
10.30 am to 10.45 am	Morning Break
10.45 am to 12.30 pm	Topic 9: Intellectual Property cont. 3. Intellectual Property Rights International Conventions 4. Patents 5. Trademarks 6. Design 7. Copyright
12.30 pm to 1.30 pm	Lunch
1.30 pm to 3.15 pm Reading: Chapter 8
3.15 pm to 3.30 pm	Afternoon Break
3.30 pm to 4.30 pm Reading: Chapter 8	Topic 9: Intellectual Property cont., 8. TIPRs Protection (1) 9. TIPRs Protection (2) 10. TIPRs Enforcement 11. TRIPs Other Provisions 12. TRIPs Implementation

Assessment	Type of Assessement	Due Date	Individual or Group	Redeemable	Weighting	Learning Objectives
Assignment No. 1	Academic Research Essay – pre-determined question addressing Topic 3.	Friday, 19 September 2014	Individual	No	30%	Learning Objectives 2.1 (i, ii, iii, iv and v)
Assignment No. 2	Legal Advice to Board of Directors on selected legal issues covering Topics 2, 4 and 5.	Friday, 24 October 2014	Individual	No	70%	Learning Objectives 2.1 (i, ii, iii, iv and v)

• Students will be required to observe the University’s policies on preparing postgraduate assignments including the use of references (please see the Plagiarism section below).

• Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the Course Co-ordinator.

• Students must retain a hard copy and an electronic copy of the Assignment submitted.

• The Course Co-ordinator can refuse to accept Assignments which do not have a signed acknowledgement of the University’s policy on plagiarism (refer to policy on plagiarism above).

• There will be a penalty of 5% per day or part thereof for any late submission of each Written Assignment unless a formal extension of time is granted.

There are two Assessments for this course and each part of the Assessment is compulsory. This means that if any one of the items of assessment is not undertaken/submitted, the marks assigned for that assignment will be irrevocably lost and the final mark obtainable will be reduced by that amount. For information on the University’s policies on assessment, refer to: http://www.adelaide.edu.au/policies/700/.

Assignment No. 1 30%

Question: International Carriage of Goods by Sea (Topic 3)

The question will be provided to enrolled students in the Course Profile on MyUni.

The word length for Written Assignment No. 1 is 2,500 words, excluding footnotes and bibliography, (penalty of 10% per each 100 words, or part thereof over 2,500 word limit will be strictly enforced).

Written Assignment No. 1 is due on Friday, 19 September 2014 at 3.00 pm – your Assignment must be submitted electronically via Turn-it-In. In addition, you must email a copy of your assignment to the Course Co-ordinator at Letizia.Raschella-Sergi@adelaide.edu.au.

Provided that Assignment No.1 is submitted on the due date, each student will receive feedback from the Course Co-ordinator via email. You will receive an electronic copy of your Assignment with comments and a grade by Monday, 06 October 2014 on the basis that general comments regarding style, referencing and structure will assist you with your second assignment.

Assignment No. 2 70%

Question: International Sale of Goods, Dispute Resolution and Arbitration (Topics 2, 4 and 5)

The question will be provided to enrolled students in the Course Profile on MyUni.

This assignment will be discussed in detail on Day 1, however briefly, each student will be required to select one of the listed countries to answer the question, subject to the following:
• If a ‘law’ student is from a country that does not appear in the list and wishes to answer the question from his/her home country regulation, you will be permitted to write from this perspective.
• If a ‘non-law’ student is from a country that does not appear in the list, you will be required to answer the question from a South Australian regulatory perspective.
The word length for Written Assignment No. 2 is 5,500 words, excluding footnotes and bibliography, (penalty of 10% per each 100 words, or part thereof over 5,500 word limit will be strictly enforced).

Written Assignment No. 2 is due on Friday, 24 October 2014 at 3.00 pm – your Assignment must be submitted electronically via Turn-it-In. In addition, you must email a copy of your assignment to the Course Co-ordinator at Letizia.Raschella-Sergi@adelaide.edu.au.

Provided that Assignment No.2 is submitted on the due date, electronic copies of the Assignment only will be returned to each student on Friday, 21 November 2014.

The Written Assignment must be written in prose style (using complete sentences), unless different instructions are given by the Lecturer, as well as adhering to grammatical rules and using correct spelling.

The Assignment must be:

• Typed in Word format
• Typed in Arial 12 point font;
• Justified;
• Double line spacing;
• On one side of A4 paper only
• Assignments must have a Cover Page and include the following information
  • Course: Law 7099 International Trade Transactions
  • Assignment No. ??: (include actual question)
  • Name of Student:
  • Student ID:
  • Word Count:
• Students ID must appear in either the Header or Footer;
• All pages must be numbered;
• Assignment must include Footnotes and a Bibliography; and
• Students must retain a copy of all assignments submitted

All assignments must be submitted via electronically to the Lecturer as well as via Turn-it-in. By submitting your assignment you are agreeing to the following:

• I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.
• I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.

A penalty of 10% per each 100 words or part thereof over the state word limit of each assignment limit will be strictly enforced. 

Students must not submit work for an assignment that has previously been submitted for this course or any other course without prior approval from the lecturer-in-charge.

Referencing and Sources:

The 成人大片 Law School has adopted the Australian Guide to Legal Citation, published by Melbourne University Law Review Association as the standard for all written submissions at the Law School. The Guide aims to provide a uniform standard of legal citation. Copies are also held in the Reference and Reserve Collections of the Law Library and can be found at

There are also a number of guides to legal writing, outlining legal writing conventions, correct referencing, rules against plagiarism, and other useful tips.

• Anita Stuhmcke, Legal Referencing (1998), especially chapter 2. "The fundamentals of legal writing and referencing" LAW REF 340.072 S33l
• Terry Hutchinson, Researching and Writing in Law (2002), chapter 8, "Legal writing basics" LAW 340.072 H978r
• Michael Meehan and Graham Tulloch. Grammar for Lawyers (2001) LAW RESERVE 340.26 M494g.

PLEASE NOTE THAT WIKIPEDIA IS NOT AN ACCEPTABLE REFERENCE SOURCE FOR LEGAL ASSIGNMENTS. USE OF WIKIPEDIA WILL RESULT IN A 10% PENALTY.

Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.

1. Late Submission: Submission penalties of 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 essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.
2. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Turnaround time: The interim assignment for this course will be returned to students within 3 weeks of the submission date. Group feedback, together with written, individual feedback will be provided, from which students can learn from in the final assignment. The final assignment will be returned to students within 4 weeks of the submission date with written individual feedback. Students will be notified by email when assignments are ready for collection from the Law School Front Office.