Globalisation and Commercial Law - LAWS8210
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
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 or 9210 or 9230 or 5740 or 9231or 5231 or 8418.
Excluded: JURD7593, JURD7710, TABL5562
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
This course is also available to students enrolled in the Master of Risk Management (8418) in the Australian School of Business.
LLM Specialisations
Corporate, Commercial and Taxation Law
International Business and Economic Law
Recommended Prior Knowledge
Course Objectives
- Demonstrate that they have acquired reasonable knowledge of (i) the process of globalisation; (ii) how globalisation (ie, specially global trade, finance, investment and business) is governed and not governed and how this could be improved; (iii) how globalisation shapes the sources of law in Australia and abroad
- Critically analyse and evaluate the process of globalisation, its governance and its effect on the law
- Conduct advanced research and write a sustained research paper on an aspect of globalisation and the law
Main Topics
- The global economic system: the architecture established at Bretton Woods in 1944
- Globalisation: a critical overview
- Contemporary global financial governance: the interplay of the IMF, World Bank, Bank for International Settlements and the Financial Stability Forum, among others
- Contemporary global trade governance: the role of the WTO and its various treaties, the GATT, GATS, TRIPS and TRIMS
- Contemporary global investment governance: the failure to establish the Multilateral Agreement on Investment (the MAI) and the failed attempt to revive the substance of the MAI in the current Doha Round of WTO negotiations. The limited role of TRIMS
- Contemporary global business governance: how the technical standards that regulate global business are established and enforced. Which actors in the global system do these standards favour? What are alternative approaches to technical standard setting for business?
- Globalisation and Labour: the one element to miss out on globalisation, big time
- Globalisation and Non-state Actors: what is an appropriate role for NGOs
- Law and Globalisation: Exporting the Rule of Law and rules of law, ie. the hazard of 'legal transplants'; importing the rules of law from abroad
- Ways forward: how the governance of globalisation could be expanded and improved?
Assessment
Class participation | Preparation and engagement in class | 20% |
Research paper | 7,000 words | 80% |