University of Sydney Handbooks - 2013 Archive

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Units of study for the Master of International Business and Law

The Business School website (sydney.edu.au/business/pgunits) contains the most up to date information on unit of study availability or other requirements. Timetabling information for 2013 is also available on the Business School website (sydney.edu.au/business/timetable). Students should note that units of study are run subject to demand.

Table of postgraduate units of study: International Business and Law

Unit of study Credit points A: Assumed knowledge P: Prerequisites C: Corequisites N: Prohibition Session

Core units of study

International Business
For the award of the degree, 24 credit points in international business core units must be completed, as follows:
Note. The foundation core unit, IBUS5003 should be completed in a student's first semester of enrolment. BUSS6000 is the capstone unit and is to be completed in a student's final semester of enrolment.
IBUS5003
Global Business
6    N IBUS5001
Semester 1
Semester 2
IBUS6001
International Business Strategy
6      Semester 1
Semester 2
Summer Main
IBUS6002
Cross-Cultural Management
6   
Note: Department permission required for enrolmentin the following sessions:Semester 1,

Semester 1
Semester 2
Summer Late
BUSS6000
Succeeding in Business
6    P Students must complete this unit in their final semester of study (Full-time students will have completed a minimum of 48 credit points and part-time students will have completed a minimum of 60 credit points)
Semester 1
Semester 2
Law
For the award of the degree, 12 credit points in law core units must be completed.
LAWS6059
International Business Law
6    A LAWS6252 or law degree from a common or civil law jurisdiction


Core unit for MIntBus&L students.
Int March
Semester 2
LAWS6252
Legal Reasoning & the Common Law System
6    N LAWS6881


International students who are required to enrol in this unit must undertake classes during the first week of their study. Health Law and Public Health students should enrol in LAWS6881 Introduction to Law for Health Professionals in lieu of LAWS6252, if available. This unit is not available to MLIntDev students who have been granted a reduced volume of learning.
Int April
Int August
Int March
Int Sept

Elective units of study

International Business
For the award of the degree, 12 credit points in international business elective units must be completed.
CLAW6030
China's Legal Environment for Business
6      Semester 1
IBUS6003
Managing International Risk
6      Semester 1
IBUS6004
International Business Alliances
6      Semester 2
IBUS6005
Ethical International Business Decisions
6      Semester 1
IBUS6006
Comparative International Management
6      Semester 2
IBUS6008
Export Management
6      Semester 2
IBUS6012
Business Growth and Innovation
6    A IBUS5002, or completion of at least 24 credit points
Semester 2
IBUS6018
Business Negotiations
6    A IBUS5002 or IBUS5003
Semester 1
Semester 2
Law
For the award of the degree, a minimum of 24 credit points in law elective units must be completed.
LAWS6001
Chinese Laws and Chinese Legal Systems
12    A LAWS6252 or law degree from a common or civil law jurisdiction
N LAWS6857, LAWS3014

Note: Department permission required for enrolment
This unit is not available to students who have completed a law degree in the People's Republic of China. Students must register their attendance before enrolling. To register, please visit the Shanghai Winter School website http://sydney.edu.au/law/cstudent/shanghai/ Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
Int November
LAWS6037
International Import/Export Laws
6      Semester 1
LAWS6060
International Commercial Arbitration
6      Semester 2
LAWS6091
Chinese International Taxation
6      Int June
LAWS6109
UK International Taxation
6      Int Sept
LAWS6123
Transfer Pricing in International Tax
6      Int May
LAWS6128
Comparative International Taxation
6   

Core unit for MIntTax students.
Int March
Semester 2
LAWS6135
Law and Society in Indonesia
6      Int March
LAWS6138
Internatl Fin Transactions: Law & Prac
6      Int March
LAWS6149
Legal Pluralism in Southeast Asia
12   
Note: Department permission required for enrolment
This unit will be taught offshore with the cooperation of Gadjah Mada University (Yogyakarta, Indonesia) and International Islamic University (Kuala Lumpur, Malaysia). These institutions will provide guest lecturers. These institutions can be contacted through Dr Simon Butt and Dr Salim Farrar. Students must register their attendance before enrolling. For further information, please visit http://sydney.edu.au/law/caplus Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
Int July
LAWS6153
Comparative Corporate Taxation
6      Int March
LAWS6170
Comparative Income Taxation
6      Int August
LAWS6171
US International Taxation
6      Int October
LAWS6177
Tax Treaties
6      Int May
LAWS6200
Tax Law in Asia and the Pacific
6      Semester 1
LAWS6209
Australian International Taxation
6      Semester 1
LAWS6222
Corporate Governance
6      Int July
LAWS6227
Consumer Contracts and Product Defects
6    N LAWS6024, LAWS6025


This unit replaced LAWS6227 Consumer Protection Law: Liability of Suppliers to Consumers.
Int October
LAWS6243
International Law I
6    N LAWS5005


This unit replaced LAWS6243 Public International Law. This unit is compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and must be taken during the first semester of candidature. This unit is not available to MLIntDev students who have been granted a reduced volume of learning.
Int March
Semester 2
LAWS6271
Microfinance: Law and Policy
6      Int October
LAWS6300
Comparative Tax of Extractive Industries
6      Int April
LAWS6306
Health, Develop, Trade & Investment Law
6    A basic understanding of one of international economic law, public health law or environmental law would be advantageous
Int July
LAWS6814
Comparative Value Added Tax
6      Int May
LAWS6820
Trade, Investment and the Environment
6    N LAWS6173


This unit replaced LAWS6820 International Trade and Environment.
Int October
LAWS6823
Tax and Development
6      Int October
LAWS6844
US Corporate Law
6      Int February
LAWS6849
Commercial Maritime Law
6    N LAWS6137
Semester 2
LAWS6852
Doing Business in China
6    A LAWS6252 or law degree from a common or civil law jurisdiction
Int August
LAWS6857
Introduction to Chinese Law
6    A LAWS6252 or law degree from a common or civil law jurisdiction
N LAWS6001 and students who have completed a law degree in the People's Republic of China
Int May
LAWS6879
Japanese Law
6   
Note: Department permission required for enrolment
For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
Int February
LAWS6905
Aspects of European Union Commercial Law
6      Int July
LAWS6906
Taxation of Financial Products
6      Int August
LAWS6916
International Investment Law
6      Int April
LAWS6924
World Trade Organization-Dispute Resolut
6    A limited knowledge of law of treaties


This unit replaced LAWS6924 Dispute Settlement in the World Trade Organization.
Int August
LAWS6928
Law, Justice and Development
6    N LAWS3478


This unit is compulsory for MLIntDev students and replaced LAWS6928 Law & Economic Development.
Int March
LAWS6932
Law and Investment in Asia
6      Int May
LAWS6933
Global Oil and Gas Contracts and Issues
6   

This unit replaced LAWS6933 International Petroleum Transactions. International Law students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
Int May
LAWS6939
International Insolvency Law
6      Int April
LAWS6944
Regulation of Mkt Manipulation & Abuse
6   

This unit replaced LAWS6944 Manipulation and Abuse in Global Securities Markets.
Int August
LAWS6945
Doing Business in Emerging Markets
6      Int May
LAWS6946
Tax Treaties Special Issues
6   
Note: Department permission required for enrolmentin the following sessions:Int June,

Int June
Int October
LAWS6953
Law of Asset Protection
6      Int August
LAWS6955
Fundamentals of Finance Law
6    A This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area


This unit replaced LAWS6955 Key Legal Concepts in Finance Law.
Int November
LAWS6958
International Contract Law
6    A undergraduate law degree


This unit replaced LAWS6958 Comparative Commercial Contracts.
Int Sept
LAWS6965
Tax Avoidance and Anti-Avoidance
6      Int April
LAWS6975
Islamic Law and Commerce
6   

This unit replaced LAWS6975 Islamic Trade and Finance Law.
Int April
LAWS6977
Law of International Institutions
6    A LAWS6243 International Law I or equivalent unit in public international law
N GOVT6116
Int February
LAWS6984
Economics of Tax Policy
6      Int October
LAWS6987
Fundamentals of Commercial Law
6    A This unit assumes no previous knowledge and is available to non-lawyers and to lawyers who have not previously studied or practised in the area
N LAWS3400


This unit replaced LAWS6987 Introduction to Commercial Law.
Semester 1
LAWS6990
Principles of Oil and Gas Law
6   

International Law students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
Int May
LAWS6991
Fundamentals of Contract Law
6    C LAWS6252
N LAWS1002, LAWS1015, LAWS2008, LAWS5002


This unit is only available to non-law graduates who have not undertaken any previous study of contract law. This unit replaced LAWS6991 Introduction to Contract Law.
Int May
LAWS6997
Cross-Border Deals
6    A Students undertaking this unit must have a good working knowledge of the Australian Corporations Act and the rules and practices applicable to securities offerings and takeovers or the equivalent in their home jurisdiction.


This unit replaced LAWS6997 Cross-Border Deals - A US Perspective.
Int October

International Exchange Program units of study

This units are only available to students participating in the International Exchange Program.
BUSS6106
International Exchange Program
6   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6206
International Exchange Program
6   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6112
International Exchange Program
12   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6212
International Exchange Program
12   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6118
International Exchange Program
18   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6218
International Exchange Program
18   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6124
International Exchange Program
24   
Note: Department permission required for enrolment

Semester 1
Semester 2
BUSS6224
International Exchange Program
24   
Note: Department permission required for enrolment

Semester 1
Semester 2

Unit of study descriptions for the Master of International Business and Law

Please note: These unit of study descriptions are listed alphanumerically by unit code.

BUSS

BUSS6000 Succeeding in Business

Credit points: 6 Teacher/Coordinator: Professor Marc Jones Session: Semester 1,Semester 2 Classes: 1x 1.5hr lecture and 1x 1.5hr seminar/workshop per week Assessment: Individual assignment (30%); Business negotiation exercise (20%); Business development project presentation and report (50%).
This program-wide capstone unit must be taken by each student in their final semester of study within the Master of Commerce and Master of International Business and Law programs. Students will work collaboratively with peers and expert advisors to integrate the discipline-specific knowledge acquired within their program to address a 'real world' business development challenge requiring cross-disciplinary and cross-functional insights, knowledge and skills. Assessment is designed to assure student proficiency in program learning goals. Students will work in self-managing cross-functional teams to complete a semester-long project, prepare individual and group reports that will be assessed by peers, academic staff and industry experts. Weekly seminars will include action learning in business innovation and start-up, firm failure and turn-around, quantitative and qualitative data analysis, strategic decision-making, change management, business communication, and ethical awareness and reasoning in business practice. Learning activities will include short case studies and business negotiation role plays.

CLAW

CLAW6030 China's Legal Environment for Business

Credit points: 6 Session: Semester 1 Classes: 1x 3hr seminar per week Assessment: Take home mid-term exam (35%), Proposal and presentation (15%), Research paper (50%)
China has recently become the second biggest economy in the world and is Australia's most important trading partner. Australian businesses are increasingly engaging with China. This Unit of Study addresses the frequently asked question of how to do business with China. It addresses China's unique business environment which has resulted from its unique culture, history and demography, and examines the business regulations, tax system, and the administrative and compliance issues businesses will face when carrying on business with China. The Unit first outlines the business environment in terms of culture, history, economics, demography, and government administration. It then provides students with an understanding of the legal environment that businesses will face in China. Through a hypothetical case study, different aspects of business regulation such as contract, entity structure, mergers and acquisition, property and intellectual property rights, the tax system, different tax types and associated international issues, and social insurance are analysed.

IBUS

IBUS5003 Global Business

Credit points: 6 Session: Semester 1,Semester 2 Classes: 1x 3hr seminar per week Assessment: Individual assignment (20%); Group assignment (35%); Final 2hr exam (45%)
This unit focuses on the application of strategic thinking in key business contexts with a particular focus on the global nature of business. Specific attention is given to: (i) the identification and managing of new business opportunities both for entrepreneurial start-ups and for new ventures that emerge within a corporate setting; (ii) business model innovation as a basis for new ventures and business growth; (iii) the identification and managing of the specific challenges and risks presented by operating in a global business environment.
IBUS6001 International Business Strategy

Credit points: 6 Session: Semester 1,Semester 2,Summer Main Classes: 1x 2 hr lecture and 1x 1hr seminar per week Assessment: Written Project (40%); Individual assignment I (30%); Individual assignment II (30%)
This unit analyses how multinational firms leverage their capabilities and competencies to create competitive advantages in international and global markets. Topics include assessing foreign market attractiveness; understanding the impact of differences in legal, cultural, political and economic regimes; evaluating international political and economic risk; building and operating global networks, including entry mode choice; understanding how managers design organisational architecture and implement internal control and incentive mechanisms; and assessing the challenges of global citizenship, ethical behaviour and social responsibility for international business. Problem-based learning, with case study workshops, is an integral part of the Unit.
IBUS6002 Cross-Cultural Management

Credit points: 6 Session: Semester 1,Semester 2,Summer Late Classes: 1x 3hr lecture/seminar per week Assessment: Group assignment (5% and 25%); Midterm exam (30%); Class participation (5%); Final exam (35%)
Note: Department permission required for enrolmentin the following sessions:Semester 1
An understanding of cultural differences and how to manage such differences is critical to effective management in international and multi-cultural business environments. The aim of this unit of study is to provide conceptual frameworks and evidence from practice that will develop an understanding of the ways in which cultures differ, how these differences can impact on management, and how cultural issues can limit organisational effectiveness. Major topics include the significance of culture in international management, the meaning and dimensions of culture, comparative international management and leadership styles, managing communication across cultures, ethics and social responsibility in global management, cross-cultural negotiation and decision-making, forming and managing global teams, and developing the international and global manager.
IBUS6003 Managing International Risk

Credit points: 6 Session: Semester 1 Classes: 1x 3hr lecture/seminar per week Assessment: Group workshops and case studies (40%); Major research assignment (40%); Individual learning module (20%)
This unit introduces students to the multi-level risk environments encountered by multinational enterprise and the processes and strategies that can be employed to identify, assess, manage and mitigate risk. Topics that are covered include multinational enterprise and expropriation, sovereign risk and corruption, political and regulatory risk, brand and corporate reputation risk management, managing anti-globalization protests and consumer boycotts, terrorism risk, and executive risk and risk management and a short introduction to financial risk and risk management. The unit will also introduce students to the various analytical approaches involved in designing risk identification systems, reporting and monitoring protocols, and how risk is able to be assessed, prioritized and effectively managed. The unit will emphasize a problem case based approach to learning using workshops and simulation exercises.
IBUS6004 International Business Alliances

Credit points: 6 Session: Semester 2 Classes: 1 x 3 hr lecture/seminar per week Assessment: Business Strategy Game (10%); Alliance proposal (10%); Presentation (10%); Alliance case (10%); Participation (15%); Mid term exam (20%); Final exam (25%)
Collaboration to achieve competitive advantage is one of the most commonly recommended cross border strategies. However, international alliances can take many different forms, and they can serve many different purposes. Managing international alliances raises a series of different issues for the alliance partners to manage. This unit examines the issues raised and considers the reasons for success and failure of international alliances. It looks at the forms that partnerships can take, it examines the methods for choosing among potential partners, it examines the potential forms of collaboration and the level of resources each may require. Managing the partnership for maximum advantage, avoiding possible risks, and deciding how and when to end the partnership, all are further issues that managers must consider. The unit considers these questions in the framework of general theoretical approaches, and pays particular attention to discussion of individual cases.
IBUS6005 Ethical International Business Decisions

Credit points: 6 Session: Semester 1 Classes: 1x 3 hour seminar per week from week 1 to week 13 Assessment: Group Project (30%); Final exam (30%); Individual participation (10%); In class case-studies (15%); Reflective Journals (15%)
In order to succeed in international business, both corporations and individuals need broad decision-making abilities. Business decision-making tools yield more coherent and justifiable results when used with an understanding of the ethical, social and environmental aspects of the process. This applies to various situations in the international business setting including business relations with government, customers, employees, and NGOs. This unit is designed to look at these non-financial elements in the decisions made within the international business context. Following the completion of this unit, students will have enhanced skills and knowledge relevant to the understanding of ethical issues and ethical decisions making in international business organisations.
IBUS6006 Comparative International Management

Credit points: 6 Session: Semester 2 Classes: 1x 3hr class per week Assessment: Group Project (35%); Evaluation of Group Members (5%); Participation (10%); Mid-Semester Exam (20%); Final Exam (30%)
The triad regions, Japan, the United States, and the European Union, together are the homes of almost all of the world's largest 500 corporations. They account for a large majority of world exports. They provide most of the world's outward flows of foreign direct investment, and in addition, they are the recipients of most of inward FDI flows. However, they are very different, in firm structure, in regulatory environment, and in the relations between private firms and government agencies. Dealing with them as competitors, customers, suppliers, or partners requires international managers to be aware of these differences and to vary their strategy accordingly. This unit compares the structure and operations of triad firms, and the ways that government agencies frame the operating environment in each region. We look first at the ways firms in each region seek competitive advantage, and how governments have supported them. We then look at a series of cases where firms have moved from their home region into another, at the ways in which they have attempted to transfer their competitive advantage, and at the reasons for their successes and failures. In addition to the specific knowledge of the habits and tendencies of Japanese, United States, and European firms, the techniques of analysis developed in this unit are applicable to a wide range of competitive situations across the global economy.
IBUS6008 Export Management

Credit points: 6 Teacher/Coordinator: C. Welch Session: Semester 2 Classes: 1x 3hr lecture/seminar per week Assessment: Individual learning journal (70%); Final exam (30%)
Exporting is a key international business activity, especially for small and medium-sized enterprises (SMEs). This unit covers both the theory and practice of export management. The main areas covered in the unit are: 1) preparing to export (export stimulation, export readiness and planning), 2) forming and maintaining relationships with intermediaries (including legal considerations), 3) managing risks and export finance, 4) filling export orders. The unit therefore covers both the operational and strategic challenges associated with the exporting process.
IBUS6012 Business Growth and Innovation

Credit points: 6 Session: Semester 2 Classes: 1x 3 hr lecture/seminar per week Assessment: Individual Assignments (45%); Presentation (10%); Reflective Journal (25%); Participation (20%)
The business landscape is changing, with increasingly global business models and rapidly changing competitive environments buffeting established businesses.  Businesses that have 'survived' startup are immediately challenged to build sustainable business models that continually leverage into new markets and products. This unit centres on business- and corporate-level strategy, focussing on the development of skills and knowledge required to spark and cope with rapid business growth. Topics will include harnessing and leveraging resources and capabilities, internationalising ventures, forming alliances, mergers and acquisitions and avoiding the pitfalls of rapid growth.  You will also explore the processes involved in strategy formulation, including decision-making and design thinking.  The unit is structured around your learning from engaged practice, and requires you to work with businesses in their search for growth options and their appropriate funding.  
IBUS6018 Business Negotiations

Credit points: 6 Session: Semester 1,Semester 2 Classes: 1x 3 hour seminar per week Assessment: In-class exercises (30%); Mid Semester exam (20%); Self-Appraisal (20%); Group Project (30%)
The purpose of this course is to help you understand the theory of negotiation as it is practiced in a variety of strategic settings. The aim is to help you feel more comfortable and confident with the negotiation process. The course is designed to be relevant to the broad spectrum of negotiation problems that are faced by managers but we use specific examples from international strategy such as M&A and joint ventures. The course will provide participants with an opportunity to develop skills experientially and to understand negotiation in useful analytic frameworks. Considerable emphasis will be placed on role-playing exercises and case studies.
Note: this unit will require your participation in a number of negotiations. Preparation for these negotiations, which are a large part of your grade, will require time-pressured reading of material in class.

LAWS

LAWS6001 Chinese Laws and Chinese Legal Systems

Credit points: 12 Teacher/Coordinator: Prof Vivienne Bath (Coordinator) Session: Int November Classes: Nov 25-Dec 14 Assessment: 2hr exam to be completed in Shanghai (30%) and 8000wd essay (70%) due in February
Note: Department permission required for enrolment
Note: This unit is not available to students who have completed a law degree in the People's Republic of China. Students must register their attendance before enrolling. To register, please visit the Shanghai Winter School website http://sydney.edu.au/law/cstudent/shanghai/ Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
This unit will provide students with an overall picture of the modern Chinese legal system. It will develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy. It will examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; criminal law and procedure; constitutional law; civil law and procedure; legal profession; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law. The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics & Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics & Law. There will also be a visit to a Chinese law firm.
LAWS6037 International Import/Export Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class work (40%) and assignment (60%)
The unit is a comparative study of international customs law and administrations and is based on examining some of the practical difficulties associated with the implementation of new customs laws in various jurisdictions. The Kyoto convention, which sets out the minimum requirements of any new customs law, is examined in some detail focusing in particular on: customs control; customs declarations; administrative penalties; customs securities; transparency and customs rulings; risk management initiatives etc. The unit also examines the international customs harmonised tariff illustrating the structure, notes and in particular, the rules for interpretation of the tariff. The WTO customs valuation methodologies are also studied (from Article VII of the GATT) with particular emphasis given to the transaction value method of customs valuation. The treatment of management fees, royalties, commissions, production assist costs, research and development expenditure and other difficult areas are also reviewed. Article VI of the GATT, which makes provision for anti-dumping law, is also considered providing practical examples of how this law operates in various jurisdictions.
LAWS6059 International Business Law

Credit points: 6 Teacher/Coordinator: S103: Prof Vivienne Bath, S2: Prof Luke Nottage Session: Int March,Semester 2 Classes: S103: Mar 15, 16 & 22, 23 (9-5), S2: 1x2-hr lecture/week Assessment: 3000wd essay (50%) and 1hr exam (50%) or 2hr exam (100%)
Note: Core unit for MIntBus&L students.
The objective of this unit is to provide students with an introduction to a number of areas of international business law and to provide an opportunity to study some of those areas in more detail. The unit begins with an overview of the scope of the law relating to international transactions. The core topics are international sale of goods, carriage of goods, international payments and financing of international sales and methods of doing business in foreign markets, including through agents and distributors and international licensing transactions. Other topics may vary from year to year and may include an introduction to international tax, elementary customs law and international dispute settlement.
Textbooks
Robin Burnett, Law of International Business Transactions (The Federation Press, 2004, 3rd ed)
LAWS6060 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown, Adj Prof Max Bonnell Session: Semester 2 Classes: 1x2-hr lecture/week Assessment: take-home exam (40%) and 5000wd research essay (60%)
This unit introduces students to the preferred method of resolving international commercial disputes. It has two primary aims, being to outline key principles in the law of international commercial arbitration, and also to discuss a range of cutting-edge legal issues raised in international commercial arbitration, to nurture a sophisticated understanding of the historical development, and likely future path, of ICA systems in relation to other forms of dispute resolution in trans-border contexts. Related, secondary aims are to develop an ability to discuss or argue arbitration law issues with colleagues, and to gain familiarity with key reference materials, expertise in conducting independent research, and skills in effective legal writing in this field. The unit considers how international commercial arbitration relates to litigation and ADR, surveys some of the most important transnational and Australian "legislative" instruments, and introduces major trends. It goes on to consider in detail specific issues including the arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award.
LAWS6091 Chinese International Taxation

Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Int June Classes: May 29-31 & Jun 3, 4 (9-3.30) Assessment: take-home exam (100%)
The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.
LAWS6109 UK International Taxation

Credit points: 6 Teacher/Coordinator: Adj Prof Malcolm Gammie Session: Int Sept Classes: Sep 18-20 & 23, 24 (9-3.30) Assessment: take-home exam or essay (100%)
This unit covers the domestic provisions of UK income tax and CGT law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the income tax system of the UK and a detailed analysis of the most important legislative and treaty rules of the UK in the international income tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK income tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties; 6. Australia UK Tax Treaty.
LAWS6123 Transfer Pricing in International Tax

Credit points: 6 Teacher/Coordinator: Ms Melissa Heath Session: Int May Classes: May 1-3 & 6, 7 (9-3.30) Assessment: 3000wd assignment (30%) and 2hr exam (70%)
The unit examines transfer pricing law and practice in Australia in the area of international taxation. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 1995 and the ongoing updates, the rewrite of the US Regulations over the period 1988-1994, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Lee Burns Session: Int March,Semester 2 Classes: S103: Mar 13-15 & 18, 19 (9-3.30), S2: 1x2-hr lecture/week Assessment: 7000wd essay or 2hr exam (100%)
Note: Core unit for MIntTax students.
Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.
LAWS6135 Law and Society in Indonesia

Credit points: 6 Teacher/Coordinator: Dr Simon Butt Session: Int March Classes: Mar 11, 12 & 18, 19 (9-5) Assessment: 7000-8000wd essay (100%) or class presentation and take-home exam (50%) and 3000wd essay (50%)
This unit aims to introduce students to a wide variety of areas of Indonesian law, with a focus on topical issues. These include Indonesia's place within the civil law tradition, the judiciary, human rights, constitutional reform, Indonesia's legal pluralism and some aspects of commercial law, including intellectual property. By the end of the unit, students should have an understanding of: Indonesia's legal system and some of the reasons for its dysfunction, with a focus on the judicial system; Indonesia's legal pluralism, including some aspects of Islamic law - particularly family law; recent constitutional and institutional reform in Indonesia; aspects of doing business in Indonesia.
Textbooks
Suggested background reading - Lindsey T (ed) Indonesia: Law and Society, 2nd edition, 2005. The Jakarta Post newspaper (available online at www.thejakartapost.com). The prescribed text book is Lindsey, T, Indonesia: Law and Society, 2nd edition, 2005.
LAWS6138 Internatl Fin Transactions: Law & Prac

Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robbé Session: Int March Classes: Mar 21, 22 & 25, 26 (9-5) Assessment: class participation (10%) and 8000wd essay (90%)
International financial markets are front page news. From GFC litigation to the Euro sovereign debt crisis, hedge funds and rating agencies, there is no escape. This unit has a profoundly practical perspective. Key pillars of the unit are the capital markets, the loan market and the derivative markets. Within each pillar specific financial products are analysed, such as securitisation, covered bonds and hybrids in the capital markets. Specific derivative and various lending products are also assessed, both from a legal and structuring perspective. Investor litigation is also a prominent feature of the unit. Guest lecturers from the industry present to provide a broad perspective. Popular case studies and a negotiation session are included as well, making this a both challenging and exciting unit.
LAWS6149 Legal Pluralism in Southeast Asia

Credit points: 12 Teacher/Coordinator: Dr Simon Butt, Dr Salim Farrar Session: Int July Classes: Intro Class: TBA (Sydney) then Jul 1-5 (Indonesia) & Jul 8-12 (Malaysia) Assessment: one exam held in Indonesia and one exam held in Malaysia (2x20%) and 10,000wd essay (60%)
Note: Department permission required for enrolment
Note: This unit will be taught offshore with the cooperation of Gadjah Mada University (Yogyakarta, Indonesia) and International Islamic University (Kuala Lumpur, Malaysia). These institutions will provide guest lecturers. These institutions can be contacted through Dr Simon Butt and Dr Salim Farrar. Students must register their attendance before enrolling. For further information, please visit http://sydney.edu.au/law/caplus Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The unit surveys a very wide range of topical legal issues from the region - from human rights and development, environmental law, to the practice of commercial law, including Islamic banking. The unit emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it.
LAWS6153 Comparative Corporate Taxation

Credit points: 6 Teacher/Coordinator: Dr Peter Harris Session: Int March Classes: Mar 25-28 (9-3.30) Assessment: classwork (30%) and exam or essay (70%)
The goal of the unit is to provide a comparison of the corporate tax systems of a number of countries of economic and cultural significance to Australia. The goal has both practical and policy aspects. The unit will provide a basic introduction to the corporate tax systems of Australia's major trading partners which will assist students in assessing the likely outcomes of proposed corporate dealings both within the countries selected for comparison and between them. A comparative framework provides an opportunity for identifying the available options for taxing corporate income and assessing the appropriateness of those options or a combination thereof. This enables an assessment of the options selected by various countries, including incompatibility of options, and may identify areas of corporate taxation which may be the subject of appropriate reform. The unit will examine: theoretical framework and defining entities subject to corporation tax; taxation of corporate income where derived; taxation of corporate income where distributed; treatment of gains/losses on the disposal of shares; corporate formation, reorganisation and liquidation; and international taxation of corporate income.
LAWS6170 Comparative Income Taxation

Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: Int August Classes: Aug 7-9 & 12, 13 (9-3.30) Assessment: 8000wd essay (100%)
Comparative Income Tax examines the key structural features of the income tax (tax unit, income, capital gains, fringe benefits, deductions, tax rates, tax accounting, tax expenditures and presumptive taxes). The unit will consider both the policy options in the design of the income tax and the legal implementation of those options. The unit will be primarily issues based, drawing on both developed and developing country examples. The comparative framework for analysis provides an opportunity for identifying the available options for taxing income and assessing the appropriateness of those options or a combination of them. As part of this more general analysis, the unit will identify cultural, constitutional and administrative issues that shape the design of income tax laws. The unit will not consider corporate tax as this is the subject of Comparative Corporate Taxation nor international tax as this is the subject of Comparative International Taxation. Students should gain an understanding of the key design features of the income tax and differences taken by countries in income tax law design.
LAWS6171 US International Taxation

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Int October Classes: Oct 2-4 & 7, 8 (9-3.30) Assessment: 2hr exam (100%)
The object of this unit is to provide an overview of the income tax system of the US with a focus on the most important legislative and treaty rules of the US in the international income tax area, especially in dealings with Australia. The unit will examine both the policies behind the US taxation of international transactions as well as the rules and principles of income tax law applicable to inbound and outbound transactions in the US.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Int May Classes: May 22-24 & 27, 28 (9-3.30) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%)
This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of double tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.
LAWS6200 Tax Law in Asia and the Pacific

Credit points: 6 Teacher/Coordinator: Prof Lee Burns Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 2hr exam or 7000wd essay (100%)
The goal of this unit is to provide an overview of the tax systems of countries in the Asia Pacific region. The countries chosen for study will reveal the diversity of tax systems in the region, ranging from small island economies to transitional economies through to more developed economies. Countries examined will be selected from Singapore, Indonesia, PNG, Tonga, China including Hong Kong, and the Philippines. While the focus of the course is mainly on the income tax, the unit will provide an understanding of the role of other tax instruments (such as VAT, customs duty, excise and land taxes) used by countries in the region. As regards the income tax, the focus will be on international tax so that an assessment can be made of the likely tax consequences of investment in the country. Other issues to be covered include tax incentives, oil & gas taxation, and dealing with tax administrations.
LAWS6209 Australian International Taxation

Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Semester 1 Classes: 1x2-hr lecture/week. NB: The first class will commence on Thurs 28 Feb. Assessment: approx 3000wd assignment (30%) and 2hr exam (70%)
Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts, proposed new Foreign Accumulation Fund ("FAF") regime and repealed FIF rules, transfer pricing and thin capitalisation. The unit will examine both the issues of international tax rule design and policy, and the relevant provisions in the legislation, cases and rulings. The unit deals only with international tax rules in Australia's domestic law with double tax treaties covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int July Classes: Jul 1, 2 & 8, 9 (9-4) Assessment: general class participation (10%), short pre-class assignment on "Choose your own Corporate Scandal" and specialised class participation (10%), class quiz (written) to be held on Day 4 (20%) and essay or exam (60%)
This unit will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.
LAWS6227 Consumer Contracts and Product Defects

Credit points: 6 Teacher/Coordinator: Dr Jocelyn Kellam Session: Int October Classes: Sep 27, 28 & Oct 18, 19 Assessment: 4000wd essay (40%) and take-home exam (60%)
Note: This unit replaced LAWS6227 Consumer Protection Law: Liability of Suppliers to Consumers.
This unit examines some recent developments granting special legal protection to consumers. The unit is concerned with aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. An assessment will be made of the effectiveness of recent legislation in this field, and there will be considerable comparative analysis referring especially to relevant European Community directives, related developments in the Asia-Pacific (eg Japan), and some trends in the US. The topics to be covered are: Introduction (the 'consumer' concept and some policy factors leading to consumer protection developments); Outline of terms implied in contracts for the supply of goods and services to consumers; Judicial and legislative control of exclusion clauses; Unconscionable and unfair contracts (control under the general law and by statute); The liability of manufacturers for defective products under: the general law; statutory liability of manufacturers to consumers and strict products liability (under the Australian Consumer Law, with special reference to the similar EC directive on products liability); Product safety regulation (also with reference to the EC directive on general consumer product safety); Consumer access to redress (especially class actions).
Textbooks
Recommended texts (a) Jocelyn Kellam and Luke Nottage, Australian Sales and Fair Trading Reporter (Sydney, CCH, looseleaf significantly updated in 2007), (b) Jocelyn Kellam (ed) Product Liability in the Asia-Pacific (3rd ed, Federation Press). Cases and materials will be issued.
LAWS6243 International Law I

Credit points: 6 Teacher/Coordinator: S103: Assoc Prof Fleur Johns, S2: Assoc Prof Tim Stephens Session: Int March,Semester 2 Classes: S103: Mar 6, 7 & 13, 14 (9-5) and S2: 1x2-hr lecture/week Assessment: 4000wd essay (50%) and take-home exam (50%)
Note: This unit replaced LAWS6243 Public International Law. This unit is compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and must be taken during the first semester of candidature. This unit is not available to MLIntDev students who have been granted a reduced volume of learning.
This unit provides an introduction to public international law. Its purpose is to ensure that students have a thorough understanding of the core principles and problems of, and contemporary issues in, international law. The unit covers the following topics: nature and scope of public international law, sources of public international law, international legal personality, the law of treaties, how title to territory is acquired, state jurisdiction in international law, immunity from jurisdiction, state responsibility for international wrongs, dispute settlement, and the legality of the use of force.
LAWS6252 Legal Reasoning & the Common Law System

Credit points: 6 Teacher/Coordinator: Mr Michael Skinner Session: Int April,Int August,Int March,Int Sept Classes: S103 (Group A): Mar 5-8 (9-5), S104 (Group B): Mar 22, 23 & Apr 12, 13 (9-5), S108 (Group C): Jul 30, 31 & Aug 1, 2 (9-5), S109 (Group D): Sep 6, 7 & 20, 21 (9-5) Assessment: in-class test (25%) and take-home exam (75%)
Note: International students who are required to enrol in this unit must undertake classes during the first week of their study. Health Law and Public Health students should enrol in LAWS6881 Introduction to Law for Health Professionals in lieu of LAWS6252, if available. This unit is not available to MLIntDev students who have been granted a reduced volume of learning.
This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Global Law; Master of Health Law; Master of International Business and Law; Master of Labour Law and Relations; Master of Law & International Development as well as Graduate Diplomas offered in these programs. The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.
LAWS6271 Microfinance: Law and Policy

Credit points: 6 Teacher/Coordinator: Adj Prof Ros Grady, Ms Jennifer Chien Session: Int October Classes: Oct 10-12 & 14 (9-5) Assessment: class presentation (20%) and 5000wd essay (80%)
The unit is concerned with the role of microfinance in achieving financial inclusion for the world's poor. The unit critically analyses the legal and policy issues relevant to efforts to alleviate poverty through the provision of formal financial services, in the form of microfinance, to the poor. Microfinance will be examined from the perspectives of Governments, international financial organisations, financial institutions, borrowers and country case studies. We will debate and assess appropriate policy responses to the fundamental legal issues that exist in this context.
LAWS6300 Comparative Tax of Extractive Industries

Credit points: 6 Teacher/Coordinator: Prof Lee Burns Session: Int April Classes: Apr 11, 12 & 15, 16 (9-5) Assessment: 2hr exam (100%) or 7000wd essay (100%)
This unit provides a detailed study of the fiscal rules applicable to the extractive industries sector. The course is comparative in nature and, therefore, will not involve a study of the fiscal rules of any particular country in detail. However, legislative schemes in some countries will be used as case studies. There will be a particular focus on recent legislative reforms in developing countries. The unit will cover oil and gas, hard rock mining and deep-sea mining. Topics covered: (i) the particular nature of extractive industries justifying the need for a special fiscal regime to apply; (ii) the overall design of the fiscal regime, particularly the need for a mix of fiscal instruments and the concept of "government take"; (iii) royalties; (iv) production sharing; (v) income tax rules applicable to extractive industries (including exploration, development and rehabilitation expenditure, ring fencing, and transfer of an interest in a petroleum or mining right); (vi) rent taxes; (vii) other fiscal instruments; (viii) state participation; (ix) the development of tax codes for joint production in disputed territories; and (ix) management of revenues - use of resources fund and EITI. The examination of fiscal instruments will include the broad policy underlying each instrument and their detailed legal design.
Textbooks
P. Daniel, M. Keen & C. McPherson eds., The Taxation of Petroleum and Minerals: Principles, Problems and Practice, Routledge
LAWS6306 Health, Develop, Trade & Investment Law

Credit points: 6 Teacher/Coordinator: Dr Benn McGrady Session: Int July Classes: Jul 15-18 (9-5) Assessment: class participation (10%), take-home exam (40%) and 4500wd essay (50%) or class participation (10%) and 7000wd essay (90%)
Claims brought under a bilateral investment treaty and at the World Trade Organization (WTO) concerning Australian tobacco packaging laws have highlighted the constraints international trade and investment agreements impose on the power of sovereign nations to regulate in the interests of health. These and other recent claims have also spurred local and global policy debates about the impact of trade and investment agreements on health.
This unit will examine the constraints imposed by trade and investment agreements by reference to contemporary case studies such as plain tobacco packaging. The unit will explore the legal constraints imposed by trade and investment agreements as well as ongoing policy debates surrounding these agreements. The unit will draw upon theories and empirical evidence concerning the effects of such agreements on regulatory decision-making and health more generally. The unit will also examine these issues in light of specific challenges faced by developing countries.
In the context of the law of the WTO and international investment agreements, this unit will explore contemporary case studies on a range of issues such as product regulation (in the contexts of tobacco control, alcohol control and food safety) health worker migration and the implications of intellectual property protection for health. These case studies will also be examined in the context of international investment agreements.
LAWS6814 Comparative Value Added Tax

Credit points: 6 Teacher/Coordinator: Assoc Prof Rebecca Millar Session: Int May Classes: May 15-17 & 20, 21 (8.30-4) Assessment: class work/test (35%) and 2hr exam (65%)
This unit provides an introduction to the design and operation of consumption type value-added taxes (known commonly as either VAT or GST). The unit will consider the major foundational principles of VAT and the different ways in which they can be given effect in different jurisdictions, taking examples from the VAT Directive of the European Union, the GST laws of New Zealand, Australia, Singapore, and a range of African and other jurisdictions and/or model VATs. Participants familiar with Australian GST will gain an understanding of the policies underlying VAT/GST and of the options for VAT treatment that have been adopted in other jurisdictions. International participants will find that the generic and comparative discussion of VAT/GST principles will be readily transferable to the operation of VAT in their country of residence. Topics covered include: different methods for taxing consumption; the history, spread and prevalence of credit-invoice systems of VAT; different models of VAT/GST; the relationship between VAT and other tax bases; the use of multiple rates; registration, invoices, assessment and collection; notions of taxable person, taxable activity, taxable supplies, and the taxable amount; the treatment of government and charities; exemption with credit (zero-rating/GST-free) and exemption without credit (input taxation); the aim of fiscal neutrality and the importance of the input tax credit/deduction; international issues and the avoidance of double or non-taxation; hard-to-tax commodities (financial services, insurance, gambling, real property); and problems with VAT evasion.
LAWS6820 Trade, Investment and the Environment

Credit points: 6 Teacher/Coordinator: Dr Katherine Miles Session: Int October Classes: Sep 27, 28 & Oct 4, 5 (9-5) Assessment: 6000wd assignment (60%) and problem assignment (40%)
Note: This unit replaced LAWS6820 International Trade and Environment.
This unit of study examines the sources of tension between the law and policy aspects of the international trade liberalisation regime, environmental protection and ecologically sustainable development. It examines the obligations imposed by the World Trade Organisation (WTO) framework and the scope and operation of environmental exceptions that have been considered in recent trade environment disputes. It explores these developments from the perspective of parallel initiatives in international law aimed at promoting Ecologically Sustainable Development domestically and globally. The Agreements on Food Safety Standards and Technical Barriers to Trade are also covered to the extent that they impose limitations on nations' ability to specify the manner in which the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and the rights and duties created by the Convention on Biodiversity are also discussed. The unit contrasts the WTO regime with that implemented by regional trade groups such as the European Union, the North American Free Trade Agreement (NAFTA) and the Asia Pacific Economic Cooperation Forum (APEC) and attempts some evaluation of their relative strengths in promoting ESD. It also reflects on the attempts to negotiate an agreement on investment liberalisation and the issues that raises for environmental protection initiatives. By the end of the unit participants should be able to critically assess the prospects for future harmonisation of global free trade regimes and ESD principles in the context of the Australian debate on these issues.
LAWS6823 Tax and Development

Credit points: 6 Teacher/Coordinator: Prof Lee Burns Session: Int October Classes: Sep 25-27 & Sep 30, Oct 1 (9-3.30) Assessment: 2hr exam or 7000wd essay (100%)
There is increasing recognition of the role that taxation can play in mobilising domestic resources to promote economic growth and reduce dependency on external support (such as aid and low interest loans). The tax system is a central pillar of state building and improving governance. It provides the government with funds to invest in development, relieve poverty, and deliver public goods and services. Strengthening the tax system should lead to better governance through improved budget management and establishing sustainable revenue flows. However, developing countries face challenges in using taxation to mobilise domestic resources including widespread poverty and illiteracy, high prevalence of hard to tax sectors (such as agriculture), poor business record keeping, inadequately resourced and skilled tax administrations, and revenue leakage from international tax planning (such as transfer pricing)
This unit examines the options for reform of tax systems in developing countries to better mobilise domestic resources, including broadening the base and lowering rates, the shift from direct to indirect taxes, the impact of trade agreements and replacing lost trade tax revenues, use of presumptive taxes, taxation of extractive industries, and ways of strengthening local government revenues. The unit will also focus on methods for countering international tax leakage including through greater co-operation between tax administrations. Finally, the unit will look at the role that various international organisations play in promoting tax reform.
LAWS6844 US Corporate Law

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Int February Classes: Feb 21, 22, 28 & Mar 1 (9-4) Assessment: class participation (10%) and quiz (20%) and essay or exam (70%)
The objectives of this unit are: understand the history, structure and operation of US corporate law and corporate governance; to examine the common law, statutory provisions; and to explore the tension between state and federal law, including recent regulatory developments under the Sarbanes-Oxley Act 2002 and the Dodd-Frank Act 2010. Specific issues discussed in the course include the "race to the bottom" vs "race to the top" hypotheses; the US approach to veil-piercing; the governance role of shareholders under US law; directors' duties, including the duty of care and the duty of loyalty; the operation of the business judgment rule; derivative litigation; the law relating to closely held corporations; judicial review of tender offer defences.
LAWS6849 Commercial Maritime Law

Credit points: 6 Teacher/Coordinator: Adj Prof James Allsop, Ms Drew James Session: Semester 2 Classes: (1x2hr lec)/wk Assessment: 2.5hr exam (60%), 3500wd essay (40%)
The unit is designed as a detailed study of maritime law from what might be said to be a commercial law, as opposed to a public law, perspective. The nature of the business of shipping and related activities are examined by reference to fundamental commercial arrangements and relationships - the business of shipping, ownership and deployment of ships, chartering and use of ships, carriage of goods by sea and limitation of liability. The unit will provide a detailed introduction to these areas as a foundation for practice in Australia and overseas and as a basis for further academic research. The core topics of the unit will be the law of charterparties and the carriage of goods by sea. A constant theme of the unit will be the international character of the commercial relationships involved and the importance of private and international law considerations at all times. Whenever possible, relevant comparative law analysis will be discussed.
Textbooks
Tetley, W International Maritime and Admiralty Law (International Shipping Publications, Editious Yvon Blais - Thomson)
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Int August Classes: Aug 9, 10 & 23, 24 (9-5) Assessment: 3500wd essay (50%) and take-home exam (50%) or take-home exam (100%)
This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process, including taxation and foreign exchange controls. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law and regulation of financial institutions.
LAWS6857 Introduction to Chinese Law

Credit points: 6 Teacher/Coordinator: Prof Bing Ling Session: Int May Classes: Apr 26, 27 & May 10, 11 (9-5) Assessment: 2000wd assignment (30%) and take-home exam (70%)
This unit covers the legal system of the People's Republic of China. It will address Chinese legal history and tradition and the development of modern Chinese law, and will look at the Chinese court system and dispute resolution, constitutional law and the judicial system, the civil and criminal systems and other specific areas such as land law, labour law and intellectual property. Practical aspects of the implementation of a legal system in China and attitudes towards the rule of law will also be considered. The assessment will address Chinese law or a comparative analysis of Chinese law and the legal systems of one or more other countries.
LAWS6879 Japanese Law

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator) Session: Int February Classes: Intro Class: Jan 30 (5-7) in Sydney then Feb 5-9 in Kyoto Assessment: 1000wd reflective notes (2x10%) and 7000wd essay (80%)
Note: Department permission required for enrolment
Note: For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, gender, and the legal professions. It is taught intensively in Kyoto at Ritsumeikan University Law School (Kyoto Seminar: www.kyoto-seminar.jp). Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, Bond and Adelaide), with guest lectures by prominent practitioners and a field study to a local bar association and/or the courts. Students will also interact with participants from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law (sydney.edu.au/law/anjel).
LAWS6905 Aspects of European Union Commercial Law

Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Int July Classes: Jul 12, 13 & 26, 27 (9-5) Assessment: 2500wd assignment (30%), 6000wd essay (70%)
This unit will look at the way in which European commercial law has been shaped by European Union law. It sets out the history and development of the European Union and introduces its institutional structure. The unit then focuses on aspects of commercial law in the European Union and the relationship of EU law and national law. Topics covered include the Common Commercial Policy, a European Contract Law, the development of the Single Market and aspects of the European Union's external commercial relations. This unit will be run in a seminar style, examining primary and secondary EU law and aspects of national law in some Member States.
LAWS6906 Taxation of Financial Products

Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: Int August Classes: Aug 14-16 & 19, 20 (9-3.30) Assessment: take-home exam or 8000wd essay (100%)
This unit of study examines the tax treatment of a range of current financial instruments, from the perspective of both the investor and issuer. The focus of the unit is on retail products currently offered in the domestic market to households and superannuation funds, and includes an introduction to the taxation issues from financial engineering. The instruments will change each year but will include a variety of: debt-based products such as loan products with offset accounts and re-draw facilities, index-linked bonds, margin loans, capital protected borrowings and reverse mortgages; equity-based assets such as deferred purchase agreements and instalment warrants; market-based investments such as contracts for difference and exchange-traded futures; and insurance products such as purchased annuities and various forms of life assurance.
LAWS6916 International Investment Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown, Dr Katherine Miles Session: Int April Classes: Apr 12, 13 & 19, 20 (9-5) Assessment: 5000wd essay (50%) and assignment (50%)
This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive principles contained within investment treaties and recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment arbitration under the auspices of the International Center for the Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. As such, it examines the collapse of the negotiations for the Multilateral Agreement on Investment, corporate social and environmental responsibility, calls for an international regulatory framework to govern the conduct of multinational corporations, and new proposals for an International Agreement on Investment for Sustainable Development.
LAWS6924 World Trade Organization-Dispute Resolut

Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Int August Classes: Aug 16, 17 & 30, 31 (9-5) Assessment: take-home exam or essay (100%)
Note: This unit replaced LAWS6924 Dispute Settlement in the World Trade Organization.
The aims of this unit are to gain an understanding of the: fundamental principles of WTO law, including `favoured nation', tariff bindings and customs duties, subsidies and non-tariff barriers to trade; dispute resolution system and the findings of the panels and Appellate Body; evolving jurisprudence of the WTO on Article XX and environmental and health measures, labour law and human rights. The unit will include study of the: WTO Agreement and the Sanitary and Phyto-sanitary Agreements. Agreements on Trade in Services, Technical Barriers to Trade, Trade Related Investment Measures, Anti-Dumping and TRIPS; special and differential treatment for developing country Members; role of WTO within the international legal system and implementation of national law; and enforcement of WTO decisions.
Textbooks
General References: M.Matsushita, Schoenbaum and Mavroides, The WTO: Law, Practice and Policy, OUP (2nd ed 2005); J. Jackson, The World Trading System,(2nd ed. 2002); G. Triggs, International Law: Contemporary Principles and Practices 2006, Chapter 12 `World Trade Organisation'; Waincymer, WTO Litigation:Procedural Aspects of Formal Dispute Settlement, (2002) Cameron and May; Peter van den Bossche, The Law and Policy of the WTO: Texts, Cases and Materials, CUP (2nd ed 2006); Tambelin and Bastin: `Australia and the WTO Decision Enforcement', 81 ALJ 802; and Jackson, Davey and Sykes, Legal Problems of International Economic Relations, (4th ed).
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Dr Livingston Armytage Session: Int March Classes: Mar 15, 16 & 22, 23 (9-5) Assessment: class participation (10%), class presentation (10%), 2x4000wd essays (2x40%)
Note: This unit is compulsory for MLIntDev students and replaced LAWS6928 Law & Economic Development.
This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform 'theory', studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage (Coordinator), Dr Salim Farrar Session: Int May Classes: May 3, 4 & 17, 18 (9-5) Assessment: 2000-2500wd take-home exam (30%) and 6000wd essay (70%)
The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia. This unit covers areas of commercial law across Asia with primary emphasis on Japan, Indonesia, Malaysia, China and possibly India, including case studies. It covers foreign investment regulation; laws related to foreign investment; contract and/or competition law; labour law; corporate governance; intellectual property; Islamic law and finance (where relevant); corruption; WTO and FTA compliance; dispute resolution; and key issues in modern comparative law which may assist students in their study of `foreign' legal systems.
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Int May Classes: Apr 29, 30 & May 1, 2 (9-5) & May 3 (9-2) Assessment: take-home exam (100%)
Note: This unit replaced LAWS6933 International Petroleum Transactions. International Law students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
The unit is a review of the world's minerals-development regimes and the contracts that international investors use to implement them. The unit begins by reviewing the fiscal arrangements that nations use to obtain exploration and development, including licenses, production sharing contracts, joint ventures, and service contracts. It then focuses on the contracts that international investors use to share risks and rewards, including confidentiality agreements, study and bidding agreements, operating agreements, farm out agreements, lifting agreements and gas sales contracts. Other issues that may be covered include joint development agreements, taxation issues, corruption and indemnification.
LAWS6939 International Insolvency Law

Credit points: 6 Teacher/Coordinator: Prof Christoph Paulus Session: Int April Classes: Apr 5, 6 & 12, 13 (9-5) Assessment: 8000wd essay (100%)
In contrast to traditional courses on international insolvency law, this unit will begin by discussing the issue of insolvency proceedings for states. The establishment of procedures for dealing with the insolvency of states is a fairly recent development, which can be traced to moves initiated by the International Monetary Fund during the Argentina crisis in 2001. Since then, a number of methods have been proposed for dealing with the insolvency of states in a more regulated and calculable manner than that in which the Paris and London Club has dealt with these issues over the last 50 years or so. Against this background, this unit will describe the evolution, and discuss the concept, of insolvency proceedings for states. The second part of the unit will deal with the principles of traditional international insolvency law, that is, the principles governing the situation where an insolvent company has assets in more than one jurisdiction. These principles will be exemplified by various cases from different regions of the world. This part of the unit will also consider recent developments aiming to establish regions in which particular transnational insolvency rules are applicable, the main example being the European Insolvency Regulation.
LAWS6944 Regulation of Mkt Manipulation & Abuse

Credit points: 6 Teacher/Coordinator: Dr Greg O'Mahoney Session: Int August Classes: Aug 3, 10 & Sep 14, 21 (9-4) Assessment: class participation (20%), presentation (20%) and 5000wd essay (60%)
Note: This unit replaced LAWS6944 Manipulation and Abuse in Global Securities Markets.
This unit aims to introduce students to key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets. The unit focuses on recent developments (including high profile prosecutions for market abuse) in Australia and the United States while selecting other jurisdictions (most notably China, India, South Africa, Brazil, Europe and Hong Kong) that are relevant to the different subjects considered. The topics addressed will include: market manipulation, insider trading, non-disclosure and fraud-on-the-market, penalties, regulation of hedge funds and developments in emerging markets.
LAWS6945 Doing Business in Emerging Markets

Credit points: 6 Teacher/Coordinator: Prof Paul Stephan Session: Int May Classes: May 8-10 & 13, 14 (9-3.30) Assessment: class participation (30%), 2hr exam (70%)
The unit examines common commercial, tax and regulatory issues that arise from doing business in emerging market economies. Topics to be examined include: the special challenges of investing in emerging market economies; organisational forms commonly used in emerging market economics; financing options; host state regulatory regimes and limits on the activities of foreign investors; dispute resolution systems, and sovereign risk issues; tax issues in developing countries; home state regulatory issues, including domestic anti-corruption measures, money laundering and human rights regimes. The unit has a special focus on issues associated with investing into and doing business with former Soviet Union countries, and the famous Yukos case will be considered.
LAWS6946 Tax Treaties Special Issues

Credit points: 6 Teacher/Coordinator: S106: Prof Richard Vann, Ms Joanna Wheeler and S110: Prof Brian Arnold Session: Int June,Int October Classes: S106 (UK): Jun 14, 17, 19, 21 (10-5.30). Please visit the Sydney Law School in Europe website. S110 (Sydney): Oct 17, 18 & 21, 22 (9-5) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%)
Note: Department permission required for enrolmentin the following sessions:Int June
This unit of study considers a number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD on tax treaties currently and in the last decade. Topics covered include: OECD policy development processes, the new Article 7; business restructures, high value services, expatriates, superannuation and pensions, entities (companies, partnerships, trusts and collective investment vehicles), triangular cases, conflicts of qualification, non-discrimination, dispute resolution and international administrative cooperation.
LAWS6953 Law of Asset Protection

Credit points: 6 Teacher/Coordinator: Dr David Chaikin Session: Int August Classes: Aug 15, 16 & 22, 23 (8.30-4.30) Assessment: 8000wd essay (100%)
Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal, business and political risks, by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning.
This unit examines the legal aspects of asset protection, from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed. The unit focuses on the laws of a select number of offshore jurisdictions, as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.
LAWS6955 Fundamentals of Finance Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Int November Classes: Oct 25, 26 & Nov 8, 9 (9-5) Assessment: 3000wd assignment (30%) and take-home exam (70%)
Note: This unit replaced LAWS6955 Key Legal Concepts in Finance Law.
This unit's objectives are to identify and analyse key legal concepts that impact on the operation of financial markets.
The content includes an introductory examination of how contractual and other relationships underlie financial transactions; how financial assets (including financial instruments) are created, traded and used as security; how corporate and trust structures are used by market participants as financing vehicles; and how financial transactions may be challenged in an insolvency.
LAWS6958 International Contract Law

Credit points: 6 Teacher/Coordinator: Adj Prof Donald Robertson Session: Int Sept Classes: Sep 6, 7 & Oct 11, 12 (9-5) Assessment: class participation including short issues paper, preparedness to discuss issues and class attendance (30%) and 6000wd essay (70%)
Note: This unit replaced LAWS6958 Comparative Commercial Contracts.
There are fundamental principles of contract law governing international commerce. These principles constitute international contract law - an autonomous body of the law governing obligations, rather than national contract law on an international scale. This unit examines the resurgence of the concept of a new lex mercatoria as it is used in international commerce. Using the Unidroit Principles of International Commercial Contracts, now in its third edition, as a fundamental statement of the principles of international contract law, we examine the structures and principles of international contract law as they apply in international contract practice and how they differ from national contract laws.
Other statements of general contract or sales principles are considered and compared with the Unidroit Principles. These statements include the UN Convention on Contracts for the International Sale of Goods (CISG), the European Principles of Contract Law (PECL), the EC Draft Common Frame of Reference (DCFR), the US Restatement of Law (Second) Contracts, the US Uniform Commercial Code (UCC) and the Trans-Lex Principles of Transnational Law.
Unity and harmony of transnational contract law proceeds within an institutional framework. That institutional framework includes the rules of private international law. We also examine the legal institutions relevant to sources of private international law as applied to international commercial contracts. We consider the recognition internationally of a principle of party autonomy and the boundaries to the ability of parties to choose private systems of law to govern contractual relationships.
LAWS6965 Tax Avoidance and Anti-Avoidance

Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Int April Classes: Apr 24, 26 & 29, 30 (9-5) Assessment: 2500wd class assignment (30%) and 2hr exam or 7000wd essay (70%)
This unit examines the pervasive phenomenon of tax avoidance, and the design (and effectiveness) of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the inter-relationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia's general anti-avoidance rule (Part IVA), but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia's tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.
LAWS6975 Islamic Law and Commerce

Credit points: 6 Teacher/Coordinator: Dr Salim Farrar, Dr Nik Norzrul Thani Session: Int April Classes: Apr 12, 13 & 19, 20 (9-5) Assessment: take-home exam (40%) and 5000wd essay (60%)
Note: This unit replaced LAWS6975 Islamic Trade and Finance Law.
This unit is about the doctrine and application of Islamic law in contemporary commercial environments. It is divided into two parts. Part 1 introduces Islamic law and its sources, before moving to discuss Islamic contracts, remedies and dispute resolution. It concludes by providing a contemporary overview of legal systems and business environments across the Islamic world. Part II contextualises the discussion through a focus on Islamic banking and finance, with particular reference to Malaysia and South East Asia. Topics will include: Malaysia's dual banking system and regulation of Islamic banking; methods of Islamic home financing; corporate capital raising, Islamic capital markets, sukuks (asset-based bonds) and takaful (Islamic insurance). It will also examine the problems of secular courts enforcing Islamic contracts.
LAWS6977 Law of International Institutions

Credit points: 6 Teacher/Coordinator: Prof Dr August Reinisch Session: Int February Classes: Feb 20, 21 & 25, 26 (9-5) Assessment: assignment (20%) and 8000wd essay or 2hr exam (80%)
This unit will examine the principal legal issues concerning organizations composed of states. These include the legal status and powers of organizations, membership and participation, norm-creation, dispute settlement, enforcement of decisions, peace and security activities, and finally the organizations' privileges and immunities as well as their legal status and powers under national law.
At the same time, the unit will also address such real world problems as the creation of international criminal courts, the "succession" of Russia to the USSR's seat on the UN Security Council, the response to the break-up of Yugoslavia, targeted sanctions and the possibility of judicial review of acts of the UN Security Council, the success of WTO dispute settlement, NATO action against Serbia in 1999, the military intervention in Afghanistan and Iraq in the aftermath of 9/11, etc.
Primary consideration will be given to the development of the United Nations. Other universal as well as regional organizations will also be dealt with. This unit aims at helping students to understand the common legal problems faced by international institutions.
Textbooks
Jan Klabbers, An Introduction to International Institutional Law. Cambridge (CUP, 2nd ed., 2009) Paperback (ISBN-13: 9780521736169), £32.00
LAWS6984 Economics of Tax Policy

Credit points: 6 Teacher/Coordinator: Prof Patricia Apps Session: Int October Classes: Oct 17, 18 & 24, 25 (10-5) Assessment: assignment and class presentation (20%) and 5000wd essay (80%)
The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. Particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.
LAWS6987 Fundamentals of Commercial Law

Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: 3000wd assignment (30%) and 2hr open book exam (70%)
Note: This unit replaced LAWS6987 Introduction to Commercial Law.
This introductory unit provides an overview of commercial law, focusing on the broad but fundamental concept of commercial dealings. Areas for analysis include sources and function of commercial law; the legal basis of dealings in contract and property law; dealings by principals and agents; dealings in tangible goods through leasing and sale; dealings in intangibles such as receivables through assignment; sources and methods of financing dealings; protecting dealings through insurance; regulating dealings through statute and common law restraints; and discharging dealings through a range of common payment methods and instruments.
LAWS6990 Principles of Oil and Gas Law

Credit points: 6 Teacher/Coordinator: Prof Terence Daintith Session: Int May Classes: May 13, 14 & 16, 17 (9-5) Assessment: 7500wd essay (75%) and take-home exam (25%)
Note: International Law students may enrol in either LAWS6990 Principles of Oil and Gas Law or LAWS6933 Global Oil and Gas Contracts and Issues, but not both.
The unit offers an introduction to the basic legal concepts relating to oil and gas exploration and production and an understanding of the characteristics of the key legal devices through which this activity is organised across the world. It will survey how both states and companies develop the legal tools to respond to key issues and policy concerns. It is designed both for lawyers who wish to begin to develop a specialised competence in the field of oil and gas law, and for non-lawyers active in or in connection with the industry, who need an appreciation of the legal context in which its activities are carried on. On completion of the unit, participants should be able to: explain the specific legal problems posed by the physical characteristics of oil and gas; identify different approaches to the resolution of those problems, their strengths and weaknesses; analyse the specific issues presented by offshore oil and gas resources; compare the approaches of different states to the exploitation of their oil and gas resources, and the different legal vehicles used to support and control the involvement of private capital is involved in this task; identify the problems that may arise at each stage of the exploration, production and disposition of oil and gas, and to analyse their legal solutions; describe the methods by which the state obtains a financial return from oil and gas operations; outline the legal approach to any special environmental and occupational safety problems posed by oil and gas operations; and consider how legal regimes for oil and gas exploration and production may be evaluated in terms of political and legal risk.
LAWS6991 Fundamentals of Contract Law

Credit points: 6 Teacher/Coordinator: Ms Susan Shearing Session: Int May Classes: May 17, 18 & May 31, Jun 1 (9-5) Assessment: take-home exam (100%)
Note: This unit is only available to non-law graduates who have not undertaken any previous study of contract law. This unit replaced LAWS6991 Introduction to Contract Law.
Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies.
** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.
LAWS6997 Cross-Border Deals

Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Int October Classes: Intro Class: Oct 10 (6-8) then Oct 18, 19 & 25, 26 (9-4) Assessment: class participation (15%), quiz (15%), 3000wd essay (30%) and take-home exam (40%)
Note: This unit replaced LAWS6997 Cross-Border Deals - A US Perspective.
This unit is for law graduates who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions involving the U.S. The unit highlights the distinctive concepts and practices of U.S. securities and corporate laws in cross-border transactions and focuses on resolving the challenges U.S. issues can pose to transactions originating in Australia (and other countries). The unit begins with a brief examination the bifurcation of regulatory responsibility between the states, which regulate corporations including directors' fiduciary duties, and the Federal government, which regulates corporate disclosure, securities offerings and tender offer mechanics. The unit will then turn to the process of offering securities in the U.S. under the Securities Act of 1933, and, following that, how U.S. law can affect non-U.S. offerings. The issues addressed will include: offer structure, disclosure requirements, due diligence defences and practices, use of forecasts and differential disclosure. The final section will explore the regulation of takeovers in the U.S. under the Securities Exchange Act of 1934, as well as significant U.S. M&A concepts and practices, including mergers, break up fees, poison pills, and proxy fights. We will use these tools to review the issues that arise in structuring cross-border acquisitions in compliance with U.S. and Australian law, including the "all holders rule", proration of tender offers, permitted tender offer conditions and timing and disclosure issues. The purpose of the Unit is to assist Australian and other non-U.S. lawyers in (a) identifying potential U.S. issues on non-U.S. deals and (b) being creative in solving the challenges that arise in international securities transactions.