units

LAW5608

Faculty of Law

18 September 2017 22 December 2024

print version

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

Postgraduate - Unit

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

Faculty

Law

Quota applies

The unit can be taken by a maximum of 45 students (due to limited facilities and method of teaching).

Offered

Not offered in 2016

Notes

For Prato Law discontinuation dates, please see http://www.law.monash.edu/current-students/study-opportunities/overseas-study/prato/units/index.html

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:

  • apply knowledge and understanding of issues of private international law in commercial disputes involving a foreign element raises, and what those issues are, with creativity and initiative to new situations for further learning;
  • investigate, analyse and synthesise complex information, problems, concepts and theories in relation to how those issues would be addressed by a court in Australia, Canada, the European Union and the US;
  • conduct research into the theoretical and policy considerations underpinning the private international law of Australia, Canada, the European Union and the US, based on knowledge of appropriate research principles and methods; and
  • use cognitive, technical and creative skills to generate and evaluate complex ideas and concepts relating to private international law and make suggestions for law reform.

Assessment

One essay (4500 words): 60%
Outline of Argument (1800 words): 24%
Reasons for Judgment (1200 words): 16%

Workload requirements

36 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)

Associate Professor Normann Witzleb Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=13449&pid=4408)

Prerequisites

LAW5003 or equivalent