Monash University Handbook 2010 Undergraduate - Unit

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

1. have an understanding of the various views, including economic theories, concerning the rationale for and objectives of international commercial law;
2. understand the legal problems that arise from international business transactions;
3. 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;
4. 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;
5. be familiar with the international agreements and international regimes that influence and regulate international business transactions;
6. understand the main types of structures commonly used in international business transactions, particularly those involving a transfer of technology;
7. have an understanding of the methods for resolving disputes in this area.

Assessment

Research assignment (2400 words): 30%
Examination (2 hours writing time
30 minutes reading and noting time): 70% OR Examination (3 hours writing time
30 minutes reading and noting time): 100%

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 OR LAW1101 and LAW1102 or LAW1104; LAW2100 or LAW2101 and LAW2102