Unit outline_

LAWS5138: International Commercial Transactions

Semester 1, 2026 [Normal day] - Camperdown/Darlington, Sydney

The objective if this unit is to introduce students to international and cross-border business law and business transactions and provide them with a basis which will allow them to study some of the issues presented by international commercial transactions in more detail. The course will begin with an overview of the scope of the law relating to international trade transactions. The core topics are the regulation of international trade and investment, at both the international and domestic level. We will look at international sales of goods, carriage of goods, international payments and financing on international sales, digital trade and commerce and the regulation of international trade. We will also examine different methods of doing business in foreign markets and discuss the availability and use of available business structures and methods such as direct foreign investment. Under investment, we will look at structural issues, and both domestic and international considerations (such as international treaties on corruption and bilateral and multilateral treaties in investment promotion and protection). We will conclude by considering dispute resolution in cross-border trade and investment. As part of the discussion of doing business in foreign markets and use of available business structures, students will also look at the structure and drafting of international commercial agreements and may participate in a skills exercise.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5002 or LAWS5020
Corequisites
? 
None
Prohibitions
? 
LAWS3438
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Vivienne Bath, vivienne.bath@sydney.edu.au
The census date for this unit availability is 31 March 2026
Type Description Weight Due Length Use of AI
Written exam
? 
Final examination (50%)
Exam; 1.5 hrs writing; 30 mins reading; limited open book
50% Formal exam period 1.5 hours AI prohibited
Outcomes assessed: LO1 LO2 LO3 LO4
Out-of-class quiz Early Feedback Task Early feedback task (0%)
True/false and MCQ quiz
0% Week 03
Due date: 13 Mar 2026 at 23:59
10 questions AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4
Written test
? 
In-semester test (50%)
1.5 hrs writing; 30 mins reading; limited open book
50% Week 07
Due date: 13 Apr 2026 at 13:15
1.5 hours AI prohibited
Outcomes assessed: LO1 LO2 LO3 LO4
early feedback task = early feedback task ?

Assessment summary

Early feedback task (0%): This unit includes an Early Feedback Task that is designed to provide students with timely insights into their understanding and engagement with the unit content. The Early Feedback Task in this unit is a 10 question true/false and multiple choice question test based on the content of classes in weeks 1 to 3. The task will be available on Canvas from 4pm Thursday 12 March 2026 to 23.59pm Friday 13 March 2026, Sydney Australia time. Students will be provided with immediate automated feedback upon completion of the task. 

In-Semester test (50%): The test will be 1.5 hours (plus 30 minutes reading time) and held on Monday 13 April 2026 at 1:15pm (Sydney, Australia time).  It will test material from the first half of the unit of study. Details will be provided on Canvas. It is an open book, supervised on campus test. The outcome of a successful Special Consideration Application may include an alternative task such as a Viva Voce examination at the discretion of the Unit Coordinator.

Final examination (50%): The Final examination is a limited open book (details to be provided) and will assess the materials covered in the second half of the unit of study.  Details will be provided on Canvas. The final exam will be 1.5 hours (plus 30 minutes reading time) to be held during formal exam period. It will be conducted as a supervised on campus exam. The outcome of a successful Special Consideration application may include an alternative task such as a Viva Voce examination at the discretion of the Unit Coordinator.

 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. Please note that as the EFT is an early diagnostic tool, this task is not included in the final grade for the unit. 

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

Late penalties do not apply to exams and tests.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 1. Brief course overview, sources of law; 2. Introduction to international law, trade law policy and WTO; 3. Introduction to FTAs Seminar (4 hr) LO1 LO2 LO3 LO4
Week 02 1. Introduction to international trade transactions 2. Sale of Goods – Vienna Convention on Contracts for the International Sale of Goods Seminar (4 hr) LO1 LO2 LO3 LO4
Week 03 1. Sale of goods 2. UNIDROIT Principles Seminar (4 hr) LO1 LO2 LO3 LO4
Week 04 1. Carriage of Goods 2. Hague Rules; Hague-Visby Rules; Hamburg Rules Seminar (4 hr) LO1 LO2 LO3 LO4
Week 05 1. Financing International trading transactions Seminar (4 hr) LO1 LO2 LO3 LO4
Week 07 1. FTAs and investment treaties (liberalisation and protection) Seminar (4 hr) LO1 LO2 LO3 LO4
Week 08 1. Foreign direct investment regulation under national laws Seminar (4 hr) LO1 LO2 LO3 LO4
Week 10 1. Methods of carrying on business; Structuring an international transaction 2. Market access vehicles – contractual and otherwise 3. Licensing 4. Consumer law (product safety) Seminar (4 hr) LO1 LO2 LO3 LO4
Week 11 1. Tax treaties 2. Corporate governance backdrop 3. Ethics and corruption in international business 4. Introduction to dispute resolution Seminar (4 hr) LO1 LO2 LO3 LO4
Week 12 1. Dispute resolution – litigation and international private law 2. Mediation and other ADR 3. Arbitration: commercial and investor-state 4. Course revision Seminar (4 hr) LO1 LO2 LO3 LO4

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A list of required readings, with links and other information, will be provided before the course starts.  For general guidance, the follow materials will play an important role in the course.

Vivienne Bath and Gabriel Moens, The Law of International Business in Australasia (2019, 2nd ed, Federation Press) (online version also available)

List of readings to be provided by lecturer closer to time, but will include the following legislation and materials (which are available online):

Sale of Goods (Vienna Convention) Act 1986 (NSW)

UNIDROIT Principles of International Commercial Contracts 2016

Carriage of Goods by Sea Act 1991 (Cth)

Sea-Carriage Documents Act 1997 (NSW)

Foreign Acquisitions and Takeovers Act 1975 (Cth)

Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

Australia's Foreign Investment Policy

International Arbitration Act 1974 (Cth)

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Critically evaluate the application of core legal concepts to cross-border contexts and analyse the emergence of new concepts in international (commercial transactions) law.
  • LO2. Critically analyse the evolution of commercial law in the context of globalisation.
  • LO3. Apply critical thinking and problem-solving skills to complex legal problems and devise alternative strategies for achieving commercial objectives.
  • LO4. Communicate legal principles and logically structured arguments clearly and succinctly to diverse audiences including in collaboration with peers.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

updated for 2026.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.