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Unit of study_

LAWS6958: International Contract Law

Semester 2b, 2023 [Block mode] - Camperdown/Darlington, Sydney

There are fundamental principles of contract law governing international commerce. These principles constitute international commercial contract law - an autonomous body of general principles governing contractual obligations, rather than national contract law on an international scale. This unit examines the concept of a new lex mercatoria as it is found in international commerce. The UNIDROIT Principles of International Commercial Contracts are taken as fundamental statement of principles of international commercial contract law. Other statements of general contract or sales law principles are referred to during the unit. This unit examines the search for unity and harmony in transnational commercial contract law. That search proceeds within an historical and institutional framework. We examine the structure of global commerce and the legal institutions relevant to sources of international private law (transnational law) as applied to international commercial contracts.

Unit details and rules

Unit code LAWS6958
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

undergraduate law degree

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jason Harris, jason.harris@sydney.edu.au
Lecturer(s) Don Robertson, donald.robertson@sydney.edu.au
Tutor(s) Stafford Lumsden, stafford.lumsden@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
On call class participation
10% Ongoing n/a
Outcomes assessed: LO4 LO3 LO2 LO1
Assignment Essay plan
Essay plan with annotated bibliography
20% Week 04
Due date: 10 Oct 2023 at 16:00

Closing date: 18 Oct 2023
1,500 words / 24 days
Outcomes assessed: LO1 LO2 LO3 LO4
Assignment Research essay
Essay
70% Week 09
Due date: 13 Nov 2023 at 23:59

Closing date: 18 Nov 2023
6,000 words / 8 weeks
Outcomes assessed: LO1 LO4 LO3 LO2

Assessment summary

Class Participation 10%

The second part of the unit of study will involve student participation. We will not cover every provision in the UNIDROIT Principles, only topics which illuminate legal issues that require a resolution of conflicting positions and from which general principles of law can be drawn. This is individual, not group assessment. Students will be allocated to a class where they will be on-call to make comments, answer inquiries, explain items in the Required Reading. 

Students should seek to learn an overall understanding of the topics on which they comment, and the legal questions that they raise. They need not have a detailed understanding of every element of the topic.

Essay Plan with Annotated Bibliography 20%

Students will prepare an outline of their chosen research essay topic in 1,500 words which is due 10 October 4pm Sydney, Australia time (topics will be circulated on the first day of class).  Must contain:

  • An identification of  the issues or possible solutions to those issues.
  • Annotated bibliography (identifying why the resource is to be used and which part if a lengthy document).
  • To be substantially based on international contract law principles, not a national law (except by way of comparison).
  • To be one only of the possible topics provided and only using the materials in the Reading Guide.
  • If cases are cited, copies of those cases are to be provided.

Students will learn to articulate in short form the main outlines of the topic chosen and how to plan a work program suitable for a post-graduate student research assignment.

Research Essay 70%

6,000 words.  A choice of topics to be circulated on first day of classes and is due 13 November 11.59pm (Sydney, Australia time).

Students will learn to articulate in depth the principles relevant to the chosen topic and to write them in a clear manner, with practical applications and examples where relevant.

 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will include all footnotes and any bibliography (if required). 

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).  The use of Studiosity does not breach this rule but must be acknowledged.

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

Assessment requirement 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.

 

 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (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.

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:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof. For example, a submission after 4pm but by 11.59pm on the due date for submission will attract a 10% penalty. A submission on the following day after midnight will attract a 20% penalty, a submission on the following day after midnight will attract a 30% penalty, and so on. Late penalties will be strictly applied subject to a grace period of 15 mins. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

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.

WK Topic Learning activity Learning outcomes
Ongoing DAY 1: PART 1 - THE INSTITUTIONS OF INTERNATIONAL COMMERCIAL CONTRACT: Introductions and preliminaries: Texts, readings and assessments; The shape of 21st century commerce: global value chains and intertwined commerce; Methodology: a principled approach to international commercial law; Transnational contract law: institutions and instruments; The lex mercatoria and the ‘law of international commerce’; Harmonisation of contract law Seminar (6.5 hr) LO1 LO2 LO3 LO4
DAY 2: PART 1 CONTINUED: Smart legal contracts and the digital world; Relational contracts: principles appropriate to long-term contracts; Private international law (1): Choice of law in international commercial contracts: party autonomy; Private international law (2): Private law systems in international law: choosing ‘rules of law’; International contract law in practice – interpretation, implementation, and reform Seminar (6.5 hr) LO1 LO2 LO3 LO4
DAY 3: PART 2 - THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS 2016: Interpreting, supplementing and using the UNIDROIT Principles; Good faith and fair dealing as the foundation of international commercial law; Form and consideration; Battle of the forms; Offer and acceptance; Modification; Mistake; Discussion about essay plans Seminar (6.5 hr) LO1 LO2 LO3 LO4
DAY 4: PART 2 CONTINUED: Interpretation and terms of the contract; Express and implied obligations; Duty of cooperation and best efforts; Change of circumstances: Hardship; Change of circumstances: Force majeure; Suspension and right to performance; Assurance of performance; Discussion about essay and assessment expectations Seminar (6.5 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 each unit of study. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

Refer to the Reading Guide which will be posted on Canvas.

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. identify the historical foundations of private international law and critically analyse how the international law regime is applied to contracting practices
  • LO2. critically analyse the structure and describe the operation of the UNIDROIT Principles
  • LO3. describe to an advanced level the set of contract rules outlined in the UNIDROIT Principles
  • LO4. synthesise and apply principles of private international law, the international law regime, UNIDROIT Principles to specific international commercial settings

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.

No changes have been made since this unit was last offered.

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.