SyllabusThe subject will cover the following topics: - Introduction, definitions, national legal systems, municipal law, international law - public and private, sources of international law.
- The nature of international business and trade transactions. The legal factors affecting foreign trade and investment, business vehicles, and entry into overseas markets.
- International Business Contracts: Definition; functions; cultural approaches; government regulation; invitations to contract; offer and acceptance; special forms and terms of import and export contracts, CIF, FOB, bills of lading, INCOTERMS, standardisation of terms in international sales; specific clauses; and, form of the contract.
- International sale of goods: invoices and packing; performance of the contract - passing of property and risk, retention of title clauses, certificates of quality, damages and penalties; acceptance and rejection of goods, obligations of seller and buyer; conditions and warranties; innominate terms; and, Vienna Sales Convention.
- Frustration of Contract and Protective Clauses: frustration of contract; force majeure; hardship; exculpatory clauses; and, monetary clauses - exchange rates and inflation.
- The law governing the contract: Hague Convention; choice of jurisdiction (forum) clauses; choice of law clauses; contracts with foreign governments and the doctrine of sovereign immunity; and, illegality.
- Finance of exports: exchange controls; bills of exchange, promissory notes; and, commercial letters of credit.
- International transport of goods: Air, land and sea transport; scope of international rules such as Hague, Hamburg, Warsaw, OTT; container transport, bills of lading, charterparties.
- International commercial dispute resolution: international commercial litigation - jurisdiction, choice of law enforcement of foreign judgements; International commercial arbitration - nature, procedures, choice of law, international arbitration, UNCITRAL rules, IVCC court of arbitration, arbitration in different countries, enforcement of agreements and awards, ICSID; and, Alternative dispute resolution - UNCITRAL conciliation rules; and, ADR facilities in Australia.
In addition students will be exposed to selected other topics including intellectual property, insurance, product liability, counter trade. |
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