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Unit Available for Summer Session 2006
------------------------------------------------------- Unit Available for Semester 2 - 2006
------------------------------------------------------- Master
of Laws (LLM) units •
Chinese Commercial Law Course Rules The Master of Laws (by coursework alone) is an 8-credit-point course. Students are required to complete any eight coursework units listed below: Unit Availability - 2006
Note: * Subject to confirmation. This unit has two principal aims. First, to introduce you to the current Chinese legal system and, second, to study in detail some aspects of Chinese commercial law, particularly law in relation to foreign investment and foreign trade. We do this by moving from a brief introduction to Chinese legal history and China's law-making mechanisms to an examination of a number of important areas of foreign-related Chinese commercial law. After having completed the unit, you should have an understanding of both the underlying principles of the legal system, and foreign investment and trade. Furthermore, you will have some exposure to the particular rules or principles which affect commercial transactions with China. Learning objectives Each topic has a set of learning objectives. These are identified in outline at the beginning. They have been used to plan the topic, and as a reference to help you decide whether you have understood the important points being covered. At the completion of this unit students should be able to: •
describe Chinese legal history and the current legal systems; The unit examines the principles and operation of the competition law provisions of the Trade Practices Act 1974 (Cth) and related legislation and critically evaluates them in the context of Australia’s legal and business environment. There is a heavy focus on the proposed changes to the Act stemming from the Dawson report. This unit aims to develop in students an understanding of key legal developments designed to enhance the efficacy of the market place to deliver outcomes that maximize consumer welfare and optimise the appropriate allocation of society’s resources. The unit looks at the following •
The scheme of the Trade Practices Act There are five distinctive parts to this Unit: In Part One you are introduced to some of the most basic aspects regarding corporate governance, namely the meaning of the concept 'corporate governance'; corporate stakeholders and participants; board structures (in particular the unitary and two-tier board structure); and types of company officers (executive and non-executive directors; alternate director; secretary etc). Part Two focuses on corporate governance in Australia, for instance the ASX Corporate Governance Council’sPrinciples of Good Corporate Governance and Best Practice Recommendations (applicable to listed companies), other corporate governance guidelines and recommendations, the main governance and accountability mechanisms under the Australian Corporations Act 2001 and the recent Corporate Law Economic Reform Program 9 (CLERP 9) reforms to the Act. Part Three focuses on corporate governance in practice. Specific topics covered include board and committee structures and risk management policies; auditors and audits; and an overview of directors’ duties and liabilities. Part Four adds an international perspective to corporate governance. Basic corporate governance principles in selected jurisdictions like the US, UK, Germany are dealt with, while the OECD Principles of Corporate Governance are also covered in some detail. Part Five deals with some policy issues and possible future developments and possible corporate governance trends. Health and Biotechnology law is a rapidly growing discipline in Australia. This unit aims to provide students an understanding of the law relevant to the health system and the biotechnology industry. Students who complete this unit will be able to demonstrate an understanding of: •
the law relating to the health system Topics to be addressed in this unit include: •
the legal framework of the Medicare system Human, Economic and Legal Rights This unit starts by considering the meaning of ‘rights’—where do they come from and why do we have them? Is there a difference between human rights and other sorts of rights? In tackling these questions, we turn to moral theory and through that lens, consider the legitimacy of various rights claims. Against that background, we then consider the development of modern international human rights law—its legal sources, its limitations and its enforcement. Traditional human rights law is about regulating the behaviour of states in relation to their own people, however this unit looks at some of the new frontiers of human rights law, namely its application to non-state entities. We look in particular about the emerging role of international human rights law in commerce, including proposals to make corporations more accountable for human rights violations. Finally, the unit looks at human rights law in the domestic realm, comparing the approaches of a number of different countries to human rights within their domestic legal systems. Learning
objectives •
understand the nature of rights and the justification for different
types of rights International Commercial Arbitration International commercial arbitration is now the preferred method for resolving international business disputes. It has thus become a vital part of doing international business. Given the trans-national nature of international arbitration, and the fact that there is no overriding supervisory jurisdiction, its practice sometimes raises difficult, technical legal issues. This course investigates the law and practice of international commercial arbitration. It is taught comparatively with reference to various national laws, international institutional rules and the major relevant international instruments. The first part of the course covers the technical legal framework of international arbitration and its relationship with domestic legal systems. Topics include the sources of international arbitration law and the concepts of lex loci arbitrii and arbitration agreement. The second part of the course covers procedural aspects such as appointment and legal status of arbitral tribunals, jurisdiction, procedure, applicable law, and awards. Finally, contemporary issues and problems are examined. Learning
objectives •
understand the advantages and disadvantages of international arbitration
over other forms of binding dispute resolution (ie, litigation),
and particularly the effects of doing away with procedural constraints
and resolving disputes in a neutral venue with arbitrators chosen
by the parties; International Commercial Law is the obvious choice for any student wishing to develop skills in the area of international trade and commerce and how such trade is regulated by a variety of domestic, international and supranational institutions and practices. At the conclusion of the course students should be able to appreciate the significance of the legal consequences that arise in the context of an international commercial transaction. In that sense, the course is concerned with a range of topics that impact upon international commercial transactions such as international law, international sale of goods and services and carriage of goods. The course also includes an introduction to discrete topics such as international competition law and policy and international intellectual property law. In addition, a significant part of the course will be concerned with the role of World Trade Organization and the role of law in international dispute resolution. Learning
objectives •
Understand the development of international commercial law International Competition Law and Policy This outline will provide you with the following information about the unit, •
the aims of the unit Learning
objectives •
the common law applicable to restrictive trade practices International Intellectual Property Law This unit examines international intellectual property principles in the context of the Internet. It will provide students with an understanding of the international agreements for the protection of intellectual property rights with a focus on the protection of copyright, trade marks and patents; the observance and enforcement of these international agreements; and the available dispute settlement processes. This unit will examine these principles in the international context and focus on their application to the Internet. Learning objectives •
To gain an understanding of the main forms of intellectual property
rights. This unit is an elective unit in the postgraduate Master of Laws (LLM) and the Master of Commercial Law (MCL) degrees. Such units provide knowledge on more specialized areas of law and expose you to applications of general law into a specialist area. International Labour Law is intended to fit within the commercial law focus of Deakin Law School by delivering instruction on a key area facing modern business applications of legal matters—regulation of labour. Further, it fits within Deakin’s intent to create international relevance for its postgraduate curriculum. Specifically, this unit will focus on regulation of labour relations through international conventions and treaties, as well as compare the national labour regulation schemes of Australia and some of her principal trading partners. This unit is designed to provide the student with an understanding of the important policy issues driving international labour regulation and how international policy affects national regulation of labour and the labour market. This understanding will be achieved by looking at specific business problems which can arise through labour relations of the Multinational Enterprise (MNE). We will learn about the International Labour Organization (ILO), as well as regional labour regulation in the European Union (EU) and the North American Agreement on Labor Cooperation (NAALC). Finally we will look comparatively at the regulation of collective labour relations on a national level in Australia, the US, China, Japan, Taiwan, Vietnam, and Indonesia. Learning
objectives •
understand the structures and institutions involved in international
labour regulation In this unit we study Shipping Law with particular reference to Australia. The subject, by its very nature, however, is international in character. That is why the subject is called International Shipping Law. Many of the cases we study in the unit are from overseas. But they apply, or would apply, in Australia. Learning objective •
To gain an understanding of basic Shipping Law in the topics covered
by the unit In this subject we study the fundamental principles of international law before branching out into some specialised areas of international law. First, we consider the sources and structure of international law. Key principles, issues of jurisdiction and the institutions of public international law are also reviewed. This involves a consideration of treaty law and customary law, the types of entities which are subject to international law and which help to create law, the nature of national sovereignty and at the responsibilities that attach to sovereignty. We also consider the relationship between international and domestic law. From Topic 9 we examine specific areas of international law, such as human rights, the role of the United Nations, air, sea and space law and international commercial arrangements. Learning
objectives •
the principles that govern international law; The unit looks at the ways in which the internet challenges existing legal paradigms in areas such as jurisdiction, contract, intellectual property, privacy, content regulation and crime and assesses the responses to these challenges at national and international levels, with particular emphasis on Australian law. Learning objectives •
To understand what the internet is and how it works |
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