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Postgraduate Handbook

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International Business Transactions - LAWS9993
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course examines the legal framework of the international business transaction by focussing on trade terms, the Vienna Convention on the International Sale of Goods and the structure and finance of international trade. The course covers a wide range of topics, including the commercial terms of the sales agreement, shipping contracts, financing arrangements (letters of credit, electronic transfers, etc.), insurance and customs documentation. The course also examines the foreign direct investment transaction, international franchise and distribution agreements and contracts for the transfer of technology. International business regulation is also reviewed with particular attention focussed on the World Trade Organization and regional trade agreements. Finally, dispute resolution is considered with emphasis on choice of law and forum, arbitration and enforcement of arbitral awards and foreign judgments.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law; International Business and Economic Law.

Recommended Prior Knowledge

None

Course Objectives

The principal objective of this course is to introduce students to a wide range of problems and issues that a private business entity may encounter in doing business across national borders. In this regard, the course is specifically designed to assist students in:
  • Understanding a variety of cross-border business transactions and transaction techniques
  • Developing skills to identify issues typically involved in cross-border transactions
  • Acquiring a general knowledge of sources of laws and regulatory regimes affecting cross-border transactions
  • Comprehending the importance of trade agreements to international commercial law
  • Explaining the relationship between law, politics and economics in international trade

Main Topics

  • Introduction to International Sales Transactions
  • Commercial Trade Terms - INCOTERMS
  • United Nations Convention on Contracts for the International Sale of Goods (CISG)
  • Letters of Credit and Fraud in Letters of Credit
  • Introduction: Customs Classification, Rules of Origin and Valuation
  • Subsidies and Countervailing Duties
  • Antidumping Duties
  • Safeguards (The Escape Clause)
  • International Intellectual Property Protection - Franchising and Trademark Licensing
  • Protecting Against Piracy and Gray Market Goods
  • Patent and Knowhow Licensing
  • Choice of Investment Vehicles (Agents, Distributors, Joint Ventures, Licensees, and Subsidiaries) and Foreign Regulation of Investment
  • International Regulation of Foreign Investment
  • When things go wrong: dispute settlement options
  • Jurisdiction and forum non conveniens
  • Choice of law, choice of forum and arbitration clauses
  • Enforcement of foreign arbitral awards
  • Enforcement of foreign judgments

Assessment

Optional class presentation Preparation and engagement in class 0% or 15%
Reflective Notes 3 to be completed. 2 pages each. 15%
'Industry' Research Essay 5,000 words 70% or 85%
 

Course Texts

Prescribed
Folsom, Gordon and Spanogle, International Business Transactions, A Problem Oriented Coursebook (Sixth or Seventh Ed.: the page numbers listed throughout the Course Outline correspond to the Sixth Ed.)

Recommended
There is a large collection of books and articles on international business law. In addition, some useful links are available at: www.gtcentre.unsw.edu.au/Resources/internationalTradeandDevelopment.asp.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.