University of Sydney Handbooks - 2016 Archive

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Units of study

2016 Juris Doctor Electives Units of Study

Part 1- International, Comparative, and Transnational Electives Units of Study

LAWS5368 Chinese Laws and Chinese Legal Systems

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath (China), Prof Bing Ling (Sydney) Session: Semester 2,Summer Law 3 Classes: China: Intensive mode (3 weeks). Teaching takes place in November/December in Shanghai as part of the Shanghai Winter School. Sydney: 2x2hr seminars/wk for 10 weeks Prohibitions: LAWS3014 or LAWS3068 Assessment: China: 2hr exam to be completed in Shanghai (100%). Sydney: 3000wd optional essay (50%) and 1hr exam (50%) or 2hr exam (100%). Mode of delivery: Block mode
Note: Enrolment in the Shanghai Winter School is by seperate application to the Law School.
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; administrative law; contract law; property law; company law; intellectual property law; environmental Law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.
LAWS5178 Development, Law and Human Rights

Credit points: 6 Teacher/Coordinator: Prof Ben Saul (Nepal), Prof David Kinley (Sydney) Session: Semester 1 Classes: Nepal: Taught intensively in January. Sydney: 2 x 2-hr seminars/week for 10 weeks. Prohibitions: LAWS3478 or LAWS6846 Assessment: Take-home exam (40%) and 4000wd research essay (60%) Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Enrolment is by seperate application to the Law School.
This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and tThe experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.
LAWS5137 International Commercial Arbitration

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage, Prof Chester Brown Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 or LAWS5002 Prohibitions: LAWS3092 or LAWS3437 Assessment: Choice of 1) 3,500wd optional mid-term assignment (50%) and 1 x 2hr exam (50%) or 2) 1 x 3hr exam (100%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study aims to introduce students to the fundamentals of international commercial arbitration. The course covers the entire process of international arbitration: the significance of international commercial arbitration in international dispute resolution; the importance of a well drafted arbitration agreement; all procedural and conceptual aspects and legal issues arising during cross border arbitrations; arbitral awards and the enforcement of arbitral awards around the world through the 1958 New York Convention, and the relevance and use of mediation (and its hybrids) in resolving commercial disputes. The unit will address the role and significance of specialised forms of international arbitrations and organisations involved in administering international arbitrations, including investor-State arbitrations under investment treaties and free trade agreements.
LAWS5138 International Commercial Transactions

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Semester 2 Classes: 2x2hr seminars/week for 10 weeks Prerequisites: LAWS1015 or LAWS1002 or LAWS2008 or LAWS5002 Prohibitions: LAWS3072 or LAWS3438 Assessment: Either [3500wd mid-term research essay (50%) and final exam (50%)] or [final exam (100%)]. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
The objective of this unit is to provide students with an introduction to a number of areas of international and cross-border business law and business transactions and to provide students with a basis which will allow them to study some of those areas in more detail. The course will begin 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, an introduction to the regulation of international trade, and methods of doing business in foreign markets, including international protection of intellectual property, dispute resolution in international business disputes, and the availability and use of available business structures and methods such as direct foreign investment. As part of the discussion of doing business in foreign markets and use of available business structures, students will look at the structure and drafting of international commercial agreements, and may participate in a skills exercise.
LAWS5139 International Economic Law

Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: Semester 2 Classes: 1 x 6.5hr seminar/wk for 6 weeks. Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3090 or LAWS3439 Assessment: 2,500wd essay (33.3%) and 2.5hr exam (66.6%) Mode of delivery: Normal (lecture/lab/tutorial) day
This course is an introduction to the law of the World Trade Organization and may also cover an introduction to Bilateral Trade Agreements and Bilateral Investment Treaties.
The largest part of the course deals with the law of the World Trade Organization. The course opens by considering the functions of the WTO utilizing some very basic economics of trade, public choice and game theory. We review the history of the General Agreement on Tariffs and Trade ('GATT'), regulating trade in goods, and the creation of the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT. There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services ('GATS') and the relationship between regulation of trade in goods and regulation of trade in services; and the Agreement on Trade-Related Aspects of Intellectual Property ('TRIPS'), emphasizing patents, copyright and trademarks. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination, an introduction to the rules on subsidies, and the GATT article XX exceptions for restrictions for health and environmental reasons. The rest of the course is selected from three areas:
- Bilateral Investment Treaties;
- Bilateral Trade Treaties; and
- selected further topics of World Trade Organization law drawn from four areas: the GATT escape clauses providing for Safeguard measures, Anti-dumping Duties and Countervailing Duties; further consideration of the MFN rule by considering the exception for free trade areas and customs unions; further consideration of the GATS by considering at least one specific service sector, and further consideration of the TRIPS by considering the extent of some exceptions.
Textbooks
Andrew T Guzman and Joosts H.B. Pauwelyn, International Trade Law, (Wolters Kluwer Law & Business 2nd edition 2012)(available in Paperback)
LAWS5134 International Human Rights Law

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Semester 2 Classes: 2x2-hr seminars/week for 10 week Prerequisites: LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3034 or LAWS3434 Assessment: 4000wd essay (60%) and take-home exam (40%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit of study introduces students to the principles and practice of international human rights law - a species of international law and policy and a field of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: What happens when we regard a situation or predicament as one involving a breach of international human rights law? What possibilities and problems does this entail? Addressing these questions, we will look at: (a) particular fora where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) particular settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure.
LAWS5189 International Moot

Credit points: 6 Teacher/Coordinator: Prof Chester Brown (Vis Moot), Dr Alison Pert (Jessup Moot), Prof Luke Nottage (Tokyo Negotiation and Arbitration Competition). Session: Intensive December,Intensive February,Semester 1 Classes: There are no formal classes scheduled for this unit. Prerequisites: LAWS1018 or LAWS1023 or LAWS5005 Prohibitions: LAWS3035 or LAWS3093 or LAWS3489 Assessment: Course participation, general participation and preparation as required (15%), research and writing of memorials (35%), preparation and participation in mooting rounds and competitions (50%). Assessment may vary across individual moots. Mode of delivery: Normal (lecture/lab/tutorial) day
Note: Department permission required for enrolment
Note: Enrolment in this unit of study will be by special application, and will be based on competitve selection in accordance with the rules of the individual competition.
This unit of study will involve participation in one of three international moots, which in 2016 will be the Jessup Moot, the Willem C Vis International Commercial Arbitration Moot, and the Tokyo Negotiation and Arbitration Competition. There will be a competitive selection process for enrolment in the course. For all moots, students will work as a team preparing written memorials and oral argument ona set problem as required by each moot.
LAWS5141 Introduction to Islamic Law

Credit points: 6 Teacher/Coordinator: Assoc Prof Salim Farrar Session: Semester 2 Classes: 2x 2hr seminars per week Assessment: Class test (10%) and class presentation (10%) and class participation (10%) and 4000-5000wd research essay (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
This seminar program is an introductory course in Islamic Law. It will focus on Shari'ah (the classical laws as derived from the religious sources), and will seek to explain its relationship to the contemporary laws of Muslim states and to the cultural practices of Muslim communities living in Australia and other predominantly non-Muslim states. The course aims to provide a basic understanding of the sources of Islamic Law, their interpretation, and of the 'Schools of Law' which predominate in the Muslim World. The case studies, in particular, aim to engage students to assess critically past and present understandings in the contexts of modernity, post-modernity, 'human rights', and social change.
LAWS5144 Japanese Law

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive February Classes: Held as an intensive in February in Kyoto and Tokyo. Introduction class held in Sydney prior to departure. Includes field trips such as study tour to Osaka. Prohibitions: LAWS3076 or LAWS3444 Assessment: Two 750wd reflective notes (20%) and 4500wd research essay (80%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Applications for the offshore intensive unit are by seperate application. For further information see http://sydney.edu.au/law/caplus.
This unit aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the legal system of the largest economy in our region. The unit is taught intensively in Japan after an introductory class in Sydney. The first week in Kyoto provides an introduction to how law operates generally in Japanese society. After an overview of comparative law techniques, Japanese legal history and its contemporary legal system, classes explore civil and criminal justice, politics and constitutionalism, government and law, gender and law, lawyers and the courts in Japan as well as consumers and law. The two days in Tokyo examine business law topics in socio-economic context in more detail, after an introduction to the Japanese economy and international trade policy. Topics include dispute resolution, investment and finance law, labour law and corporate governance.
LAWS5194 Legal Systems in South East Asia

Credit points: 6 Teacher/Coordinator: Dr Simon Butt, Dr Salim Farrar Session: Intensive July Classes: Intensive mode. Teaching takes place in July in Indonesia and Malaysia as part of the Southeast Asian Winter School. Prohibitions: LAWS3494 or LAWS6149 Assessment: Take-home exam (100%) Mode of delivery: Block mode
Note: Department permission required for enrolment
Note: Enrolment in the winter school is by application to the Law School.
This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The course 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. The Indonesia component of the course will be taught at Gadjah Mada University in Yogyakarta, which has one of Indonesia's finest law faculties. Students will learn the fundamentals of the Indonesian legal system. The component will be geared towards not only those who want to practice commercial law in Indonesia, but also those who are interested in other areas, including law reform, human rights, Islamic law, constitutional law, environmental law and criminal law. The Malaysian component will be taught at the International Islamic University in Kuala Lumpur, which has one of the largest and most prestigious law faculties in Malaysia. Established in 1983, the faculty has sought to teach and provide expertise on harmonizing Shari'a with Civil and Common Law. Students will learn the fundamentals of the Malaysian legal system in the contexts of Malaysia's competing ethnicities, political and economic reform and the harmonization of laws. A particular focus will be on the dual banking system and the role of Islamic law in the development of trade, banking and finance.
LAWS5199 Migration, Refugees and Forced Migration

Credit points: 6 Teacher/Coordinator: Prof Mary Crock Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks Prerequisites: (LAWS2002 or (LAWS2010 and LAWS1021) or (LAWS5007 and LAWS5010)) and (LAWS1004 or LAWS3000 or LAWS3003 or LAWS2011 or LAWS5011) Corequisites: (LAWS2002 or LAWS2010 or LAWS5010) and (LAWS1018 or LAWS2005 or LAWS1023 or LAWS5005) Prohibitions: LAWS3045 or LAWS3458 or LAWS5158 or LAWS3453 or LAWS5153 or LAWS3499 Assessment: 3000wd research essay (50%) and 2hr exam (50%) Mode of delivery: Normal (lecture/lab/tutorial) day
Migration Refugees and Forced Migration is designed to introduce students to one of the most fast moving and engaging areas of public law. At one level, the unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that more than one in four Australians were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented rises in the number of migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Issues surrounding refugees and asylum seekers are a constant preoccupation. Covering both immigration law and domestic aspects of the law of forced migration the course is also a fine vehicle for exploring issues of human rights and the interaction between domestic and international law.
With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation.
The unit of study is designed to foster the following skills:
a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations;
b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and
c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
LAWS5157 Private International Law B

Credit points: 6 Teacher/Coordinator: Mr Ross Anderson Session: Semester 2 Classes: 2x2-hr seminars/week for 10 weeks Prohibitions: LAWS3015 or LAWS3457 Assessment: Class test (20%), and final 2hr exam (80%). Mode of delivery: Normal (lecture/lab/tutorial) day
Private international law is the part of local or municipal private law which is concerned with questions which contain a foreign element i.e. a relevant connection between a fact or party and a foreign legal system. For example, private international law issues will require consideration if a question arises in New South Wales concerning the distribution of the property of a person who died domiciled in France or the validity of a mortgage of shares in a New York corporation or the recognition of the dissolution of a marriage by a Norwegian court.
In seeking to develop your understanding of the international dimension of private law and your appreciation of the fact that many legal questions which arise in everyday life are not confined within one legal system, this unit of study will address the following topics: (1) personal connecting factor (domicile, nationality, residence); (2) renvoi and the incidental question; (3) transactions involving immovable property (e.g. land, intellectual property rights) and movable property (e.g. ships, aircraft, artworks, shares, contractual rights); (4) devolution of property on death (succession); (5) marriage validity; and (6) dissolution and annulment of marriage, including the recognition of foreign dissolutions and annulments of marriage. In addition to these topics, an introductory survey will address the function, purpose and rationale of private international law, theories and methods (e.g. the territorial theory of law, the vested rights theory), historical development and the relationship between statutes and the common law rules of private international law.
LAWS5196 United States Constitutional Law

Credit points: 6 Teacher/Coordinator: Prof Helen Irving Session: Semester 1 Classes: 2x2hr seminars/wk for 10 weeks. Prerequisites: LAWS5011 or LAWS2011 or LAWS1004 or LAWS3000 or LAWS3003 Prohibitions: LAWS3418 or LAWS5118 or LAWS3491 or LAWS5191 or LAWS3496 Assessment: Class participation (15%) and either a) 2,500wd optional essay/problem question (35%) and final 2hr exam (50%) or b) 3hr exam (85%) Mode of delivery: Normal (lecture/lab/tutorial) day
This unit provides an in-depth introduction to the principles, core concepts, and key cases of United States Constitutional Law. It traces the structure and role of the U.S. Supreme Court, and the development of U.S. constitutional reasoning from the post-revolutionary period to the present. It considers debates about constitutional interpretation, and the significance of different approaches to key provisions of the Constitution. Topics may include all or any of: federalism and the commerce clause; eminent domain and "just compensation"; substantive due process; equal protection of the laws: race and gender discrimination; freedom of speech; freedom of religion; unenumerated rights; constitutional protection of citizenship and voting. Students will also be introduced to, and encouraged to engage in, normative debates about constitutional values.
LAWS5183 War Law: Use of Force and Humanitarian Law

Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Semester 2 Classes: 2x2hr seminars/wk Prohibitions: LAWS3440 or LAWS3086 or LAWS3483 or LAWS6218 or LAWS6062 Assessment: 3000wd assignment (30%) and 2hr exam (70%) Mode of delivery: Normal (lecture/lab/tutorial) day
A vital function of public international is its struggle against violence, both in preventing it from occurring and mitigating its effects once it gets under way. This unit explores two key areas of international law devoted to regulating intense violence involving governments or non- State actors: (1) International Law on the Use of Armed Force, and (2) International Humanitarian Law (also known as the Law of Armed Conflict or the Laws of War). The first part of the course considers the prohibition on the use of force under customary law and the United Nations Charter; exceptions to that prohibition in cases of self-defence by States or collective security action by the UN Security Council; controversies over pre-emptive self-defence, humanitarian intervention and the "Responsibility to Protect"; peacekeeping and peace enforcement; the role of regional and international actors; and the use of force by and against non-State actors. The second part of the course considers the origins, purposes and sources of international humanitarian law; its scope of application; the different types and thresholds of conflict; the permissible means and methods of warfare (including restrictions on weapons); the status and treatment of combatants and non-combatants and others (such as spies, mercenaries, "unlawful combatants", "terrorists", journalists, and "private security contractors"); the protection of cultural property and the environment; the relationship between human rights law and humanitarian law; and the implementation, supervision and enforcement of humanitarian law (including the prosecution of war crimes and the role of the International Committee of the Red Cross).

Part 1 - Master's Level Electives (International, Comparative, and Transnational)

LAWS6856 Anti-Terrorism Law

Credit points: 6 Teacher/Coordinator: Prof Ben Saul Session: Intensive September Classes: Sep 16, 17 & Sep 30, Oct 1 (9-5) Prohibitions: CISS6011 Assessment: 6000wd essay (70%), take-home exam (30%) Mode of delivery: Block mode
Note: This unit replaced LAWS6856 Terrorism and Counterterrorism Policy and Law.
This unit aims to introduce you to the diverse range of anti-terrorism laws and policies which have developed at the international, regional and domestic levels, and which proliferated after the terrorist attacks of 11 September 2001. Laws will be evaluated in the light of their profound and complex political, ideological and ethical implications for political order, legal systems, human rights, and international relations. In essence, the study of terrorism (and the law's response to it) is the study of the timeless philosophical question of when political violence is justified, against whom, and for what purposes - whether it is 'freedom fighters', or 'State terrorism', that is at issue.
LAWS6141 Asia Pacific Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Saiful Karim, Dr Manuel Solis Session: Intensive October Classes: Oct 26-29 (9-5) Assessment: class participation (20%), 7000wd essay (80%) Mode of delivery: Block mode
In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries; South East Asia Region (ASEAN and Mekong countries); North Asian Region (Japan, People's Republic of China); South Asian Region (South Asian Association of Regional Cooperation [SAARC] Countries). In relation to each region, the implications of international and regional environmental law and institutions will be explored, followed by country specific case studies involving a range of issues such as biodiversity, access to modern energy services, natural resources and environmental planning; industrial pollution; environmental impact assessment; climate change; and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.
LAWS6091 Chinese International Taxation

Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: Intensive August Classes: Aug 10-12 & 15 & 16 (9-3.30) Assessment: class participation (20%), 6000wd essay (80%) Mode of delivery: Block mode
Note: The unit is available to students who have successfully completed either one undergraduate unit of study in tax law or one unit of study in a postgraduate tax program.
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.
LAWS6128 Comparative International Taxation

Credit points: 6 Teacher/Coordinator: Prof Brian Arnold Session: Intensive April Classes: Apr 21, 22 & 26, 27 (9-5) Assessment: 7000wd essay or take-home exam (100%) Mode of delivery: Block mode
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.
LAWS6222 Corporate Governance

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Intensive April Classes: Apr 7, 8 & 13, 14 (9-4) Assessment: general class participation and specialised seminar discussion (20%), class quiz (written) to be held on Day 4 (20%) and essay or exam (60%) Mode of delivery: Block mode
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.
LAWS6318 Corporate Innovation and Regulation

Credit points: 6 Teacher/Coordinator: Prof Kent Greenfield, Prof Frank Partnoy Session: Intensive September Classes: Sep 22, 23 & 26, 27 (9-4) Assessment: general class participation and specialised seminar discussions (20%), written class quiz to be held on Day 4 (20%) and essay or exam (60%) (choice of research mode to be discussed with students) Mode of delivery: Block mode
Note: This unit replaced LAWS6318 Corporate Innovation and Abuse.
This unit will cover the recent and dramatic changes in the operation and regulation of multinational corporations. Both private and regulatory innovations have made corporations simultaneously more efficient and potentially more dangerous. Initial topics include the modern theory of the firm and the role of financial innovation, derivatives, off-balance sheet transactions, accounting treatment, compensation, the aftermath of the recent financial crisis, and the role of credit ratings and credit rating agencies, as well as the major modern corporate abuses, frauds, and pyramid schemes. Then the course will turn to the increasing importance of politics in corporate governance, and a range of new global public law issues that have shifted the role of the corporation in society. The unit will conclude by covering the major policy issues confronting boards of directors and managers, with a particular focus on the tensions between shareholder value and various important stakeholder rights.
LAWS6140 Corp Soc Responsibility: Theory/Pol

Credit points: 6 Teacher/Coordinator: Assoc Prof Ian B Lee Session: Intensive July Classes: Jul 21, 22 & 28, 29 (9-4) Assessment: class participation (15%) and assignment (10%) and 6000wd essay (75%) Mode of delivery: Block mode
Note: Available to MLLR students who commence after Jan 2015.
Today there is an apparent consensus in favour of corporate responsibility, as reflected in instruments such as ASX Principle 3 ("Act ethically and responsibly"), but behind the appearance of consensus lie difficult questions of principle, policy and practical application. This unit aims to equip participants to engage in a sophisticated manner in the analysis of such questions. The seminar is organized around two broad themes. First, the seminar will examine corporate responsibility in the traditional sense of the consideration that corporations may be expected to give to the impact of their activities have on society, even as they strive to earn profits for their shareholders. Topics include environmental responsibility, corporate philanthropy, and the respective roles of directors, managers and shareholders. Second, the seminar will deal with current debates about the rights and responsibilities that arise from corporate personhood, including those concerning corporate criminal responsibility, corporate political participation, and the status of corporations under international law. Participants will learn to work with relevant primary and secondary legal materials, including materials from selected foreign jurisdictions, especially in North America. They will also become familiar with the conceptual tools available from various interdisciplinary perspectives (e.g., law, economics, philosophy, politics) for analysing problems of corporate responsibility.
LAWS6997 Cross-Border Deals

Credit points: 6 Teacher/Coordinator: Mr Ronald C Barusch Session: Intensive October Classes: Oct 14, 15 & 21, 22 (9-4) Assessment: class participation (15%), take-home quiz (30%) and take-home exam (55%) Mode of delivery: Block mode
Note: This unit replaced LAWS6997 Cross-Border Deals ¿ A US Perspective. Available to law graduates only. 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 is for law graduates who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions.The unit highlights the distinctive concepts and practices relating to overseas securities and corporate laws in cross-border transactions (focusing to a significant extent on US laws and practices). It concentrates on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal.The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government, proceed to a detailed discussion of the process of offering securities in the US and how it can affect non-US offerings in practice, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M&A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed. The remainder of the unit will focus on deal regulation of selected other overseas jurisdictions in which there have been recent activity. We will also examine practical consequences of the regulatory requirements of these jurisdictions, particularly in so far as they relate to M&A, as well as certain subjects that have worldwide applicability (such as due diligence to determine possible corruption, vendor due diligence and directors' duties). The unit will be taught by a series of seminars, with an occasional guest lecture/panel discussion. The purpose of the unit is to assist Australian and other non-US lawyers in: identifying potential cross-border issues; and being creative in solving the challenges that arise in international securities transactions. The lecturer writes the Dealpolitik column for The Wall Street Journal and was for over 30 years a merger and acquisition and securities lawyer in the US (resident for several years in Australia).
LAWS6852 Doing Business in China

Credit points: 6 Teacher/Coordinator: Prof Vivienne Bath Session: Intensive August Classes: Aug 5, 6 & 19, 20 (9-5) Assumed knowledge: LAWS6252 Assessment: 3500wd essay (50%) and take-home exam (50%) or take-home exam (100%) Mode of delivery: Block mode
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. 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, regulation of financial institutions and Chinese investment overseas.
LAWS6307 Expert Evidence and Class Action Procedure

Credit points: 6 Teacher/Coordinator: Prof Peter Cashman Session: Semester 1 Classes: 1x2-hr lecture/week Prohibitions: LAWS6230 or LAWS6869 Assessment: 4000wd essay based on the expert evidence component of the unit (50%) and 4000wd case study based on the class actions component of the unit (50%) Mode of delivery: Normal (lecture/lab/tutorial) evening
Note: Students without a law degree or equivalent may enrol in this unit but should be aware that the unit focuses on legal and evidentiary issues. This unit replaced LAWS6230 Expert Evidence and LAWS6869 Class Actions and Complex Litigation.
The expert evidence component of the unit will examine the role of expert witnesses, their reports and their testimony in civil and criminal cases. This will include an examination of the law governing the admissibility of expert evidence and the procedural means by which such evidence is adduced. Part of the unit will be devoted to current controversies surrounding the role of experts in particular civil and criminal cases.
The class actions component of the unit examines the substantive law, legal theories and procedural devices for the litigation and resolution of large scale, complex civil litigation. This encompasses representative actions, class actions and the use of other mechanisms for the aggregation and resolution of mass claims, including under bankruptcy law.
There will be a particular focus on Part IVA of the Federal Court Act (Cth) and representative action procedures available in Australia under the rules of court and statutory provisions in various areas (including discrimination, human rights, insurance law, privacy, corporations law and shareholder rights).
The unit will also cover comparative material on group litigation procedures and class actions under the laws of other countries, including England and Wales, Canada and the United States.
Textbooks
Freckleton I, and Selby H, Expert Evidence: Law, Practice, Procedure and Advocacy, Thompson, Sydney; Grave D, Adams K and Betts J, Class Actions in Australia (2nd ed) Thompson Reuters, 2012
LAWS6964 Global Energy and Resources Law

Credit points: 6 Teacher/Coordinator: Dr Penny Crossley Session: Intensive May Classes: May 5, 6 & 12, 13 (9-5) Assessment: take-home exam (100%) or take-home exam (70%) and optional essay or problem question (30%) Mode of delivery: Block mode
This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.
LAWS6920 Global Health Law

Credit points: 6 Teacher/Coordinator: Prof Lawrence Gostin Session: Intensive July Classes: Jul 19-22 (10-5.30) Assessment: 6000-7000wd essay (80%) and compulsory question (20%) or 3500-4000wd essay (50%), assignment (30%) and compulsory question (20%) Mode of delivery: Block mode
Today, domestic health and global health are recognized as intertwined and inseparable. The determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches. In this intensive unit, students will gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organizations, and innovative solutions for global health governance in the 21st Century. Class sessions will consist of a combination of lecture, interactive discussion, and case simulation and/or role-play. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, and HIV/AIDS), past (e.g., SARS) and future (e.g., Influenza (A) H5N1) epidemics, bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).
Textbooks
Primary: A Collection of readings from primary and secondary sources Supplemental: Lawrence O. Gostin, Global Health Law (Harvard University Press, March 2014)
LAWS6933 Global Oil and Gas Contracts and Issues

Credit points: 6 Teacher/Coordinator: Prof Owen Anderson, Prof John Lowe Session: Intensive May Classes: May 23-26 (9-5) Assessment: take-home exam (100%) or take-home exam (80%) and memorandum of advice (20%) Mode of delivery: Block mode
Note: This unit replaced LAWS6933 International Petroleum Transactions.
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.
LAWS6302 Human Rights and Environmental Law

Credit points: 6 Teacher/Coordinator: Em Prof Ben Boer Session: Intensive April Classes: Apr 6-9 (9-5) Assessment: 2500wd assignment (30%) and 7000wd essay (70%) Mode of delivery: Block mode
The unit aims to provide students with an overview of the recent development of links between environmental law and human rights at both international and national levels. It will initially introduce the principles of international environmental law, and the relationship between the environment and human rights, with both ecocentric and anthropocentric approaches to be canvassed. The right to development, and especially the linkage between poverty, development and the environment, will be explored. Individual topics will include the relationships between human rights and pollution, land degradation, climate change, water security, implications of international trade, Indigenous peoples, biodiversity, genetic resources and access to nature. The human rights dimensions of environmental, cultural and social impact assessments will also be included. The unit will conclude with a discussion of the issue of access to environmental justice as an aspect of human rights, and the institutions relevant to achieving environmental justice.
Textbooks
DK Anton and DL Shelton, Environmental Protection and Human Rights, Cambridge 2011
LAWS6846 Human Rights and the Global Economy

Credit points: 6 Teacher/Coordinator: Prof David Kinley Session: Intensive August Classes: Aug 19, 20 & Sep 2, 3 (9-5) Prohibitions: LAWS5178 Assessment: class participation (20%), 5000wd essay (80%) Mode of delivery: Block mode
Note: Master of Law and International Development students may undertake this unit as an elective or capstone unit
The questions of whether and how the global economy and human rights interrelate and interact have excited much recent controversy on the streets, in the courts and legislatures, in corporate board rooms and in the corridors of the UN and the international trade and financial organizations. It is a controversy that will almost certainly intensify over the next few years. The debate is controversial because it is important, and it is important because it involves two great globalizing forces namely, the promotion of free market ideology through trade liberalization and the protection of human rights through the universalization of the norms that underpin human dignity. On the face of it the two projects do sit easily together. Are they, in fact, implacably opposed to each other? Where or how do they overlap and what are the consequences or opportunities presented thereby? What role can the law play in regulating their interaction whether it be domestic or international law, 'hard' or 'soft' law. And what or who are the real actors behind the economic and human rights power blocs on the global stage? This unit seeks both to frame these questions and to address them by reference to the most recent discussion, thinking and action in the area.
LAWS6896 Internatl and Comparative Criminal Justice

Credit points: 6 Teacher/Coordinator: Prof Mark Findlay Session: Intensive May Classes: May 20, 21 & Jun 3, 4 (9-5) Prohibitions: LAWS6269 or LAWS6219 Assessment: class presentation (20%), essay (40%) and take-home exam (40%) Mode of delivery: Block mode
This unit explores the growing internationalisation of criminal justice through an examination of forms of transnational crime and international conflicts and the infrastructure that is being developed to regulate global insecurities and criminal harms. It will explore the development of various institutions in response to international crimes and their relation to international human rights and access to justice. It will consider the different paradigms of justice that inform diverse international developments, notably contrasts between retributive and restorative justice. The unit will explore tensions and conflicts between nation-state based criminal justice and international norms, processes and procedures for regulating crime. It will assess the extent to which a distinct international criminal justice order is being established, the nature of its jurisprudence and values and its implications.
LAWS6061 International Environmental Law

Credit points: 6 Teacher/Coordinator: Dr Kate Owens Session: Intensive April Classes: Apr 15, 16 & 18, 19 (9-5) Assessment: class participation (20%), 8000wd essay (80%) Mode of delivery: Block mode
Note: Students seeking further study in international environmental law may undertake LAWS6922 Advanced International Environmental Law.
This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.
LAWS6037 International Import/Export Laws

Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Semester 1 Classes: 1x2-hr lecture/week Assessment: class assignments (10%), mid-semester take-home exam (25%) and final semester take-home exam (65%) Mode of delivery: Normal (lecture/lab/tutorial) evening
This unit is a comparative study of international import/export laws. It does not look in detail at Australian law. The material covered in the unit is based on the WTO multilateral agreements which the 159 WTO member countries have adopted and which bind them on the topics covered.
The unit commences with an introduction to the relevant WTO agreements underpinning international import and export laws affecting WTO members. It then provides an introduction to international import dispute mechanisms through the WTO Dispute Settlement Understanding. The Kyoto Convention is then examined to determine the key elements of a modern customs statute.
The unit also examines: Free Trade Agreements; anti-dumping duty; discriminatory taxes/laws on imports; markings and intellectual property rights on imported goods; importers' remedies against customs decisions; customs valuation and tariffs; and, customs "post entry" audits.
LAWS6339 International Sports Law

Credit points: 6 Teacher/Coordinator: Mr Micah Burch (Unit Coordinator), Prof Jeremi Duru Session: Intensive August Classes: Aug 3, 4 & 8, 9 (9-5) Assessment: 5000wd essay (70%), class presentation (30%) Mode of delivery: Block mode
More than just a pastime or big business, sports has spawned a body of law that is diverse, unique, and often at the cutting edge of development in areas as disparate as international law, labour law, intellectual property, and dispute resolution. Increasing professionalism, internationalization, and commercialization of sport have resulted in an increasing intersection of the law with sporting activity. This unit surveys international sports law. Students who successfully complete the Unit will be exposed to the wide range of legal issues that come together in the wide world of sports. A basic outline of topics to be covered is as follows: Introduction and Sport and Society; The economics and governance of sports institutions: (a) International and national governing bodies and (b) Discipline, dispute resolution and administrative law; Doping; Amateurism and professionalism; Intellectual property; Gambling and fantasy sports; Labour/industrial law: (a) Collective bargaining (b) Employment discrimination and (c) Agents; Immigration; Anti-trust/competition law and Taxation and business law.
LAWS6932 Law and Investment in Asia

Credit points: 6 Teacher/Coordinator: Prof Luke Nottage Session: Intensive May Classes: May 6, 7 & 20, 21 (9-5) Assessment: take-home exam (30%), 6000wd essay (70%) Mode of delivery: Block mode
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, including Japan, China, Southeast Asia (especially Indonesia, Malaysia, Thailand, Myanmar) and India. It focuses especially on international treaties increasingly impacting on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility, anti-corruption law and consumer protection; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.
LAWS6928 Law, Justice and Development

Credit points: 6 Teacher/Coordinator: Adj Prof Livingston Armytage Session: Intensive April Classes: Apr 6, 7 & 13, 14 (9-5) Prohibitions: LAWS3478 Assessment: class participation (10%), class presentation (10%), 2x4000wd essays (2x40%) Mode of delivery: Block mode
Note: This unit is compulsory for MLawIntDev students and replaced LAWS6928 Law and 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.
LAWS6047 Law of the Sea

Credit points: 6 Teacher/Coordinator: Prof Tim Stephens Session: Intensive April Classes: Apr 21, 22 & 28, 29 (9-5) Assessment: 5000wd essay (60%) and take-home exam (40%) Mode of delivery: Block mode
The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and non-living resources, and provide indispensable environmental services including stabilising the global climate system. This unit reviews the major areas of the law of the sea as it has developed over the centuries. The unit takes as its focus the 'constitution' of the oceans, the 1982 UN Convention on the Law of the Sea and also considers a range of other international conventions and agreements, and current state practice. Each of the major maritime zones is assessed, and there is also a detailed review of several sectoral issues, including the protection of the marine environment, fisheries, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.
LAWS6065 Pollution and Contaminated Land

Credit points: 6 Teacher/Coordinator: Assoc Prof Ed Couzens, Dr Kate Owens Session: Intensive May Classes: May 6, 7 & 13, 14 (9-5) Assessment: class participation (20%) and 8000-9000wd assignment (80%) Mode of delivery: Block mode
The aim of this unit is to examine the policy and legislative approaches to pollution control and the wide range of management tools employed to prevent harm and promote ecologically sustainable development. The history and framework of international laws regulating pollution will be examined before exploring a range of topical international law issues in this area, including hazardous substances and wastes, e-waste and marine pollution. The unit will also survey the implementation of international law under domestic environmental law. The unit will then examine a range of regulatory measures for pollution control, waste management and contaminated land in Australia and particularly within New South Wales.
Textbooks
R Lyster, Z Lipman, N Franklin, G Wiffen, L Pearson, 'Environmental and Planning Law in NSW', 4th ed , forthcoming 2016
LAWS6317 Regulation of Corporate Crime

Credit points: 6 Teacher/Coordinator: Dr Olivia Dixon Session: Intensive March Classes: Mar 17, 18 & 21, 22 (9-4) Assessment: class participation (10%), 2500wd case study (35%), 5500wd essay (55%) Mode of delivery: Block mode
Note: Additional Info: It is recommended that students have some knowledge of corporate law and criminal law and procedure, or have had practical experience in these areas.
This unit will examine, from a comparative (particularly United States and United Kingdom) perspective, the current debates over the regulation of corporate crime from both legal and policy perspectives. Different theoretical perspectives on the nature and causes of corporate crime, and the role of the state in regulating corporate behaviour will be examined, with a view to determining the reasons for the failure of the criminal justice and regulatory systems to respond to corporate crime. The role of criminal, civil and regulatory sanctions in deterring corporate crime will also be examined. Offenses covered will include fraud, bribery, corruption, money laundering, revenue offenses, competition law offenses, corporate manslaughter and various offenses under the Corporations Act 2001 (Cth). With this foundation, students will be encouraged to think critically and to apply the principles they have learned to case studies.
LAWS6177 Tax Treaties

Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: Intensive May Classes: May 4-6 & 9, 10 (9-3.30) Assessment: classwork (30%) and 2hr exam or 7000wd essay (70%) Mode of delivery: Block mode
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 tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.
LAWS6109 UK International Taxation

Credit points: 6 Teacher/Coordinator: Adj Prof Malcolm Gammie Session: Intensive August Classes: Aug 3-5 & 8, 9 (9-3.30) Assessment: take-home exam or 7000wd essay (100%) Mode of delivery: Block mode
This unit covers the domestic provisions of UK direct tax 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 UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct 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 company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK 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 including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.
LAWS6844 US Corporate Law

Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: Intensive May Classes: Apr 29, 30 & May 6, 7 (9-4) Assessment: class participation (10%) and quiz (20%) and essay or exam (70%) Mode of delivery: Block mode
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.
LAWS6171 US International Taxation

Credit points: 6 Teacher/Coordinator: Prof Ethan Yale Session: Intensive May Classes: May 11-13 & 16, 17 (9-3.30) Assessment: 2hr exam (100%) Mode of delivery: Block mode
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.
LAWS6096 Work Health and Safety: Law and Policy

Credit points: 6 Teacher/Coordinator: Mr Michael Tooma Session: Intensive July Classes: Intro Class: Jun 28 (6-8) then Jul 8, 9 & 22, 23 (9-5) Assumed knowledge: LAWS6252 or a law degree (GradDipPubHL and MLLR students) and LAWS6071 (MLLR students) Assessment: class participation (10%), 3000wd essay (40%) and take-home exam (50%) Mode of delivery: Block mode
This unit of study is on work health and safety law and practice. Its main focus is on the role of law in preventing disease, injury and death at work, principally by focusing on the Work Health and Safety Act 2011 (NSW), the relevant case law, and the enforcement of the Act. The Work Health and Safety Act 2011 will be placed in its broader context, including the extent of injury and disease at work, the principles of work health and safety management, changing work arrangements, the history of work health and safety regulation and broader principles of regulatory theory. Regulatory provisions governing health and safety in the mining, transport and clothing, textile and footwear industries will also briefly be examined.