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77716 International Trade Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70616c Australian Constitutional Law OR ((77885c Legal Process and Legal Research OR 78234 Common Law Legal Traditions)) OR 78101c Postgraduate Legal Research OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 76013 World Trade Law

Description

The rules of the World Trade Organization (WTO) underpin the conduct of international trade in about 150 countries and have direct relevance for governments, businesses and individuals. This subject covers a brief introduction of the WTO followed by a more detailed analysis of private international trade transactions.

The subject primarily focuses on the Australian application of trade rules and domestic and international laws governing international transactions.

On completion of this subject, students have developed an understanding of the basic legal principles underpinning the multilateral trading system and an understanding of the application of the law to international transactions.

Subject learning objectives (SLOs)

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
  • Communication and Collaboration
    Effective and appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately (5.0)

Teaching and learning strategies

Strategy 1 Active encouragement of students to prepare for classes through prescribed readings and independent
learning and to be prepared to participate in a general interactive discussions in class
Strategy 2 A general interactive framework, which is filled through lecture, discussion, critical analysis, problem solving, and reflective evaluation.
Strategy 3 Development of research and analytical skills through the assessment.

Subject Delivery
Classes will be held on Mondays 18.00 – 21.00 commencing 27 February 2012. Classes will be discussion based. Both substantive law and problems will be discussed in detail. Students will be required to complete essential reading before each class in order to be able to participate fully in discussion. Classes will not be taped. Lecture materials and presentations will be available on UTS Online.

Lecture Format
Lectures will comprise a 3 hour presentation led by the lecturer. Students will be required to actively participate in the lecture

Content (topics)


  • Introduction: The basis of world trade – an examination of comparative advantage and asking the question: “why trade at all?” The ‘Buy Australia’ Campaign, the relationship between employment and trade in Australia, the de-regularisation of the Dairy Industry, trade theories and comparative advantage.

  • An Introduction to the World Trade Organisation – GATT and the WTO, trade barriers, developing countries, WTO commitments, Harmonized Commodities, Australian Customs Tariffs, Rules of Origin.

  • The WTO – Non-Discrimination and the Exceptions: Most Favoured Nation, National Treatment Principle, Trade Remedies, Dumping and Subsidies.

  • INCOTERMS.

  • The International Carriage of Goods.

  • Financing International Trade: The methods of financing an international transaction; letters of credit and the UCP Rules; the duties of banks in relation to documents; the doctrine of strict compliance and fraud.

  • The international element in international sales contracts – Choice of forum: forum non convenience in the UK and Australia, an analysis of the case law.

  • The international element in international sales contracts – Choice of law: an analysis of the case law.

  • International Sale of Goods under the Vienna Convention.

Assessment

Assessment task 1: Research Paper

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 4.0

Weight: 40%
Length:

Maximum 3,000 words
Criteria:
  • Clearly identified issues.
  • Coherent analysis of arguments.
  • Proper referencing; depth of research; originality and insight
  • And see information under “Assessment” above

Assessment task 2: Research Paper

Objective(s):

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0 and 5.0

Weight: 60%
Length:

3,000 words.
Criteria:
  • Clearly identified issues.
  • Coherent analysis of arguments.
  • Proper referencing; depth of research; originality and insight
  • And see information under “Assessment” above

Required texts

ONE of these 3 options:

OPTION 1 (preferred as it is the most up to date)

For the first part of the course:

  • Mavroidis PC, (2nd ed 2012) Trade in Goods, Oxford University Press.

and

For the second part of the course:

  • Mo J, (5th edition, 2013) International Commerical Law, Lexis Nexis.

OPTION 2

  • ?Pryles M, Waincyer J & Davies M, (2nd edition, 2004) International Trade Law Commentary & Materials, LBC.

OPTION 3

Choose one from each below:

For the first half of the course (the WTO component)

  • Islam R, (2006) International Trade Law of the WTO, Oxford University Press.
  • Matsushita M, Schoenbaum TJ, Mavroidis PC, (2nd edition, 2006) The World Trade Organization - Law, Practice and Policy, Oxford University Press.

For the second half of the course

  • Murray C, Holloway D and Timson-Hunt D (11th edition, 2007) Schmitthoff's Export Trade, the Law and Practice of International Trade Sweet & Maxwell, London. Referred to in program as Schmitthoff
  • Burnett R, Bath V (2009)The Law of International Business In Australia Federation Press, Sydney.
  • Mo J, (5th edition, 2013) International Commerical Law, Lexis Nexis (also of relevance to some lectures from the first part of the course)

Other resources

Essential Websites

Other Websites

And other websites as referred to in the Program