COMMLAW 2502 - Legal Aspects of International Business

North Terrace Campus - Semester 2 - 2024

This course covers an introduction to International Law and comparison of different legal systems; State responsibility, including protection of the environment; International dispute resolution; The Multinational Enterprise, their structures and home State regulation, including regulation of anti-competitive conduct and sharp business practices such as bribery; Intellectual Property including trade marks, invention patents, product designs, copyright and confidential information/trade secrets. Other topics covered are Foreign Investment, International Trade in Goods, Contracts for International Sales of Goods, Transportation of Goods, Financing and Taxation.

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Course Details

Course Code	COMMLAW 2502
Course	Legal Aspects of International Business
Coordinating Unit	Adelaide Law School
Term	Semester 2
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 or COMMLAW 2503
Incompatible	ENTREP 3007NA, ENTREP 3017
Restrictions	Available to Law students studying a double degree with Commerce
Assessment	Exam/assignments/tests/tutorial work as prescribed at first lecture

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 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:

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.
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.
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.
Reflect on the different approaches by different legal systems and attain an appreciation of how these different legal systems regulate international business transactions.
Analyse the impact of international business law from a policy perspective and in the context of cultural and legal diversity.
Explain legal issues affecting international business in writing and orally.

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)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1-4
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	1-6
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	5
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	1-4
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	1-4
Attribute 6: Australian Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, Australian Aboriginal and Torres Strait Islander values, culture and knowledge.	4-5
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	1-4
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	1-4

Learning Resources

Required Resources

Course materials, such as PowerPoint slides and supplementary notes, will be made available on MyUni.

Recommended 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 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 of Goods
10	Financing
11	Taxation

Specific Course Requirements

There are no additional requirements for completion of this course other than described elsewhere in this document.

The University's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment Task	Task Type	Due	Weighting	Length	Redeemable	Learning Outcome
Online test 1	Individual	Monday Week 5	10%	45 minutes	No	1, 2, 3, 4 & 5
Online test 2	Individual	Monday Week 9	10%	45 minutes	No	1, 2, 3, 4 & 5
Online test 3	Individual	Monday Week 12	10%	45 minutes	No	1, 2, 3, 4 & 5
Exam	Individual	Exam period	70%	180 minutes	No	1, 2, 3, 4, 5, & 6

Assessment Detail

Online Tests
The Online Tests 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 tests will cover as well as detailed instructions as to how to login online to complete the test.

Exam
The final Exam in this course is “open book”. The exam will be of 180 minutes in duration. Further details will be provided closer to the final exam period.

It is each student's responsibility to read the examination timetable. Misreading the timetable is not accepted as grounds for granting a replacement/additional exam. University staff are not permitted to provide examination times to students over the telephone or in response to personal enquiries.

Submission

All assessments will be submitted and monitored through text or code comparative software (e.g. Turnitin) where possible.

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 .

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 provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 成人大片.

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 , 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 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 Integrity
All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (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 Integrity 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鈥檚 disciplinary procedures.

The 成人大片 is committed to regular reviews of the courses and programs it offers to students. The 成人大片 therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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