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International Business Transactions - LAWS8993
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This is a "how-to", "nuts and bolts" course in international trade and investment transactions. This course looks at the basic legal steps inovlved in undertaking international trade transactions. It then proceeds to consider the step beyond trade, investment, and how it is typically conducted by companies between countries, how the transactions are structured, the potential risks that arise with them and how those risks can be overcome or managed.


LLM Specialisations

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

Recommended Prior Knowledge

None


Objectives:

A candidate who has successfully completed this subject should:
  • Understand how the principal transactions of international trade and investment are structured and work in practice.
  • Understand the relevant regulatory regimes governing the principal transactions of international trade and investment.
  • Understand how trade transactions are financed, and risks are transferred, by documentary credits.
The skills developed in this course include:
  • Conceptualisation skills regarding transaction patterns.
  • Critical thinking, problem-solving and analytical skills.
  • Oral and written communication skills (substantial class time is devoted to how to write a good research paper and the interactive seminar format and class presentation element of the assessment affords substantial opportunities to all students to participate in class and present to the class).

Main Topics

1. Introduction to Course

2. Basic trade contracts and the meaning of common trade terms (f.o.b., c.i.f., etc)

3. An introduction to choice of law and choice of jurisdiction in international trade contracts (no materials – simply to be discussed in class).

4. The Vienna Convention on International Sale of Goods

5. Payment systems, including documentary credits and collections

6. The Various Ways of Doing Business Abroad:
  • Agency
  • Distributorship
  • Acquisition
  • Establishment of a Branch Office or
  • Subsidiary
  • Joint Ventures
  • Licensing
  • Franchising
7. Termination of Sales Agents and Distributors in Civil Law jurisdication

8. Joint Ventures in China.

9. Practical Problems Protecting Intellectual Property in Developing Countries: a case study.

10. Economic, Cultural and Environmental Impacts of Foreign Direct Investment.

11. Red Tape as an Obstacle to Growth in Poor Countries

12. The Effectiveness of Incentives for FDI

13. Expropriation Risk -- Role of ICSID and Bilateral Investment Treaties

14. Bribery and corruption in international business transactions.

Assessment

  • Presentation to Class of the Solution to a Problem: 20%
  • Class Participation: 20%
  • Take-home exam at end of semester: 60%

Course Texts

Course materials can be purchased at the UNSW Bookshop.

URL for this page:

© 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.