units

LAW4652

Faculty of Law

18 September 2017 22 November 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

This unit compares rules of private international law of different jurisdictions. Private international law (or conflict of laws) is the body of rules applying to civil disputes with an international element. These are the rules on when a court is to assume jurisdiction, when a foreign judgment is to be recognised, and which law is to be applied to a dispute. Private international law is domestic law. Focusing on commercial disputes, this unit compares the private international law of Australia, Canada, the European Union, the UK and the US. This unit investigates case law, domestic legislation and regulations of the European Union, namely the Brussels I Regulation, the Rome I Regulation and the Rome II Regulation.

Outcomes

On completion of this subject, students will be able to:

  1. Apply knowledge and understanding of commercial disputes involving a foreign element raises issues of private international law, and what those issues are, with creativity and initiative to new situations for further learning;
  2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be approached by a court in Australia, Canada, the European Union and the US;
  3. Conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union, the UK and the US, based on knowledge of appropriate research principles and methods;
  4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts to analyse current rules of private international law and make suggestions for law reform.

Assessment

Three short essays (1000 words each) 60%; Outline of Arguments (1200 words) 24%; and Reasons for Judgement (800 words) 16%

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Normann Witzleb

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later:
LAW1111; LAW1114; LAW1112; LAW1113; LAW2101; LAW2102; LAW2112 and LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2101 and LAW2102; LAW2201 and LAW2202 or equivalent

Co-requisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW3111 and LAW3112

Prohibitions

None