Overview
The unit introduces you to the laws that govern international commercial or business transactions, particularly those that govern international sales, transportation, payments, and commercial disputes. You will examine the Marrakesh Agreement Establishing the World Trade Organization, and the dispute settlement system under the Agreement. By introducing you to international commercial law, the unit will enable you to critically evaluate and propose strategies for entering and operating in international markets.
Details
Pre-requisites or Co-requisites
There are no requisites for this unit.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2020
Attendance Requirements
All on-campus students are expected to attend scheduled classes – in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
Recommended Student Time Commitment
Each 6-credit Postgraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.
Class Timetable
Assessment Overview
Assessment Grading
This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of 'pass' in order to pass the unit. If any 'pass/fail' tasks are shown in the table above they must also be completed successfully ('pass' grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the 'assessment task' section (note that in some instances, the minimum mark for a task may be greater than 50%). Consult the University's Grades and Results Policy for more details of interim results and final grades.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Discussion with colleagues, including e-mail correspondence with the Head of Project Management Courses.
Self-reflection
In-class assessment should be introduced to improve student participation and class attendance (with grading completed outside class time).
Feedback from Discussion with colleagues, including e-mail correspondence with the Head of Project Management Courses.
Self-reflection
A consistent rubric should be used in all units within the relevant courses (the Head of Project Management Courses has provided an example rubric).
Feedback from Discussion with colleagues, including e-mail correspondence with the Head of Project Management Courses.
Self-reflection
As there is no pre-requisite for the unit, the first two weeks of term should be used to introduce students to the study of law and to accommodate for this some topics in later weeks can be merged.
Feedback from Discussions with colleagues
Self-reflection
Students should be provided with weekly reminders to complete their readings, attend class, etc.
- Examine and discuss the laws that govern international commercial or business transactions
- Analyse the laws that govern international sales, transportation, payments, and commercial disputes
- Assess and summarise the Marrakesh Agreement Establishing the World Trade Organization, and the dispute settlement system contained in the Dispute Settlement Understanding
- Critically evaluate and propose strategies for entering and operating in international markets.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Practical and Written Assessment - 50% | ||||
| 2 - Practical and Written Assessment - 50% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Knowledge | ||||
| 2 - Communication | ||||
| 3 - Cognitive, technical and creative skills | ||||
| 4 - Research | ||||
| 5 - Self-management | ||||
| 6 - Ethical and Professional Responsibility | ||||
| 7 - Leadership | ||||
| 8 - Aboriginal and Torres Strait Islander Cultures | ||||
Alignment of Assessment Tasks to Graduate Attributes
| Assessment Tasks | Graduate Attributes | |||||||
|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | |
| 1 - Practical and Written Assessment - 50% | ||||||||
| 2 - Practical and Written Assessment - 50% | ||||||||
Textbooks
International Commercial Law
6th Edition (2015)
Authors: John Mo
LexisNexis
ISBN: 9780409341560
Binding: Paperback
Additional Textbook Information
Copies are available for purchase at the CQUni Bookshop here: http://bookshop.cqu.edu.au (search on the Unit code)
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
a.capuano@cqu.edu.au
Module/Topic
An Introduction to the Study of Law
Chapter
Nickolas James, Business Law (Wiley, 4th ed), Chapter 1, 2, 3 and 4
Events and Submissions/Topic
Module/Topic
An Introduction to the Study of Law
Chapter
Nickolas James, Business Law (Wiley, 4th ed), Chapter 1, 2, 3 and 4
Events and Submissions/Topic
Module/Topic
International commercial law and the sale of goods legislation
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), pp 1-62
Events and Submissions/Topic
Module/Topic
International commercial law and the CISG
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), chapter 2
Events and Submissions/Topic
Module/Topic
Contracts for carriage by sea
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), pp 212-308
Events and Submissions/Topic
Module/Topic
Assignment preparation
Chapter
Events and Submissions/Topic
Module/Topic
Contracts for carriage by air and land
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), pp 308-424
Events and Submissions/Topic
Module/Topic
International trade and marine insurance
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), pp 509-556
Events and Submissions/Topic
Module/Topic
International trade and payments
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), ch 4
Events and Submissions/Topic
Assignment 1 (problem solving task) due 5.00pm (AEST) on Friday 8 May 2020
Problem solving task Due: Week 8 Friday (8 May 2020) 5:00 pm AEST
Module/Topic
Foreign investment law
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), ch 6
Events and Submissions/Topic
Module/Topic
The World Trade Organization
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), ch 7
Events and Submissions/Topic
Module/Topic
Regional trade agreements and free trade agreements
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), ch 8
Events and Submissions/Topic
Assignment 2 (research assignment) due 5.00pm (AEST) Friday 31 May 2020.
RESEARCH ASSIGNMENT AND PRESENTATION Due: Week 11 Friday (29 May 2020) 5:00 pm AEST
Module/Topic
Settlement of international commercial disputes
Chapter
John Mo, International Commercial Law (Lexis Nexis, 2015), ch 9
Events and Submissions/Topic
In-class presentations to be completed by students as part of assignment 2
Module/Topic
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
1 Practical and Written Assessment
This task will require students to apply law, rules and contractual clauses to a fictitious set of facts, and make a conclusion based on legal analysis. A rubric will be available on Moodle.
Week 8 Friday (8 May 2020) 5:00 pm AEST
Week 9 Friday (15 May 2020)
| Criteria: |
Identification of relevant issues - demonstrated understanding of issues raised by the problem - demonstrated ability to identify relevant issues raised by the problem |
Identification of relevant law or rules - demonstrated ability to identify relevant law/rules - demonstrated understanding of relevant law/rules - use of most appropriate law/rules |
Application of law or rules to facts - demonstrated ability to apply law/rules to facts - demonstrated understanding of applicable law/rules - demonstrated ability to find and apply relevant contractual clauses - demonstrated ability to think critically - demonstrated ability to consider both sides of an argument |
Conclusion based on legal analysis - demonstrated ability to reach a conclusion based on sound reasoning and application of law/rules
|
Clarity of expression and flow of argument - clear structure - clear expression - use of headings and sub-headings, where necessary - clear argument - proper grammar and correct spelling |
Proper referencing - compliance with the Australian Guide to Legal Citation, 4th edition |
- Knowledge
- Communication
- Cognitive, technical and creative skills
- Research
- Self-management
- Ethical and Professional Responsibility
- Examine and discuss the laws that govern international commercial or business transactions
- Analyse the laws that govern international sales, transportation, payments, and commercial disputes
- Assess and summarise the Marrakesh Agreement Establishing the World Trade Organization, and the dispute settlement system contained in the Dispute Settlement Understanding
2 Practical and Written Assessment
This task will require students to research a set topic in international commercial law. The assessment will include a practical component in week 12 of term which will require each student to give an in-class presentation.
Week 11 Friday (29 May 2020) 5:00 pm AEST
Review/Exam Week Friday (12 June 2020)
| Criteria: |
| Clarity of expression and flow of argument |
| Originality |
| Accuracy |
| Demonstrated research |
| Clarity of structure |
| Demonstrated ability to critique law, rules and/or institutions |
| Balance of argument |
| Proper referencing |
- Knowledge
- Communication
- Cognitive, technical and creative skills
- Research
- Self-management
- Ethical and Professional Responsibility
- Critically evaluate and propose strategies for entering and operating in international markets.
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
