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.
Professor Justin Malbon Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=17714&pid=4656)
Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.
Not offered in 2019
For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7028
This unit focuses on the laws, regulations and administrative processes that apply to international trade. The applicable Australian domestic laws are examined within the context of Australia's international obligations under the World Trade Organisation framework and other international regimes and treaty arrangements. After investigating the various structures an exporter can adopt for undertaking international trade (agency, distributorship, licensing and franchising) an examination is made of the legal and other impacts of applying each of these structures. The unit then covers the formation of international sales contracts and the application of the Convention on the International Sale of Goods, along with the incorporation by reference of incoterms into contracts. The resolution of cross-border contract disputes by using mediation, international arbitration and litigation is examined. Other topics covered are payment by means of letter of credit, the legal regime for insuring cargo and the liabilities of carriers. The regulation of imported and imported goods is examined, along with the application and calculation of customs duties. This regime is considered within the context of Australia's WTO and other international obligations. Australia's anti-dumping regime is also examined within the context of WTO obligations. Finally, the organisation and structure of the WTO itself is considered.
On completion of this unit students will be able to:
- Apply knowledge and understanding of recent developments in relation to international trade law with creativity and initiative to new situations in professional practice and/or for further learning;
- Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to international trade law;
- Conduct research in international trade law based on knowledge of appropriate research principle and methods; and
- Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to international trade law.
Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%
24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)