LAW4159

International business transactions 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader:

Offered:
Clayton Second semester 2005 (Day)

Synopsis: The national and international laws applicable to international commercial transactions including the movement of goods, people, capital and services. The sale of goods and services from Australia to a foreign country (and the financing of such a contract of sale). The transfer of technology both from and to Australia through licensing and franchising. The establishment of Australian- owned means of production abroad through direct foreign investment and international joint ventures. Legal regimes and international treaties which regulate and impact upon international business transactions. The resolution of disputes which may occur in such transactions.

Objectives: Upon completion of this subject, students should (i) have an understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law; (ii) understand the legal problems that arise from international business transactions; (iii) have an understanding of the main issues that should be addressed when negotiating a contract for the international sale of goods and services, the financing of international transactions, and the transport of goods internationally; (iv) understand the law dealing with international contracts of sale, including the laws dealing with international payment of goods and the law relating to the contracts of carriage and insurance of goods; (v) be familiar with the international agreements and international regimes that influence and regulate international business transactions; (vi) understand the main types of structures commonly used in international business transactions, particularly those involving a transfer of technology; (vii) have an understanding of the methods for resolving disputes in this area.

Assessment: Assignment (3,500 words): 40% + Examination (1.5 hours writing time plus 10 minutes reading/settling time): 60% OR Examination (2.5 hours writing time plus 10 minutes reading/settling time): 100%

Contact Hours: Three hours of lectures per week

Prerequisites: LAW3400 Property OR LAW3401 Property A and LAW3402 Property B