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Unit Guide
Internal and External Unit offered in Session 1, City 2013
Session 1, 2013
Students in this unit should read this unit outline carefully at the start of Session. It contains
important information about the unit. If anything in it is unclear, please consult one of the
teaching staff in the unit.
TEACHING STAFF
Name
Role in unit
Dr Harry Melkonian
Lecturer in
Charge
Harry.Melkonian@mq.edu.au
CONSULTATION TIMES
Internal Students:
Contact Dr Melkonian before class, during breaks, or by email to arrange consultation.
You are encouraged to seek help at a time that is convenient to you from a staff member
teaching this unit via their usual consultation method.
Students experiencing significant difficulties with any topic in the unit must seek assistance
immediately.
External Students:
Contact Dr Melkonian by email. Students experiencing significant difficulties with any topic in the
unit must seek assistance immediately.
CLASSES
Internal Students:
3 hours face-to-face teaching per week consisting of 1 x 2 hour lecture and 1 x 1 hour tutorial.
There will not be a class on 30 April 2013.
Attendance will be taken at each class and students are expected to attend. Macquarie City
Campus class attendance requirements apply.
The timetable for classes can be found on the MQC Student Portal at: http://student.mqc.edu.au/
External Students:
During Session 1, students are required to attend a two-day intensive (9-5) to be held on Friday
26th April and Saturday 27th April 2013.
Recorded lectures, as well as activities for each topic, will be made available on the unit's iLearn
page each week. Students are expected to check iLearn on a regular basis each week.
All prescribed textbooks will be made available to students to purchase at the Phillip Street
Coop Bookshop. Students will be able to view a full list of textbooks for all units on the
Noticeboard link on the Student Portal at http://student.mqc.edu.au/
Recommended Journals and Primary Materials:
Searching for international law articles is most easily facilitated through Lexis-Nexis (International
Law Reviews, Combined library), and also through Hein Online. Kluwer Arbitration also has
access to international commercial arbitration materials, and international investment dispute
materials. These databases are available through the Library website. The following journals
may be particularly useful:
1. American Journal of International Law
2. Australian Yearbook of International Law
3. British Yearbook of International Law
4. European Journal of International Law
5. Yale Journal of International Law
6. Harvard Journal of International Law
7. Michigan Journal of International Law
8. Virginia Journal of International Law
9. NYU Journal of International Law and Politics
10. International & Comparative Law Quarterly
11. Melbourne University International Law Journal
This list is by no means exclusive. You may also wish to search on the Ebscohost database for
political articles and news reports. Research from scholarly books and journals should be
preferred over random searches of the internet.
The American Society of International Law has set up an Electronic Information System for
International Law, www.eisil.org, which provides access to a range of primary documents and
further websites on different international law topics.
The different international institutions, and international courts and tribunals tend to have their
own websites, which include basic information about their functions and often links to decisions.
The International Legal Materials (ILM) also compiles international cases, as well as international
treaties and other decisions. It can be searched in the Hein Online database (among others).
Many journals are available through the Hein Online database
UNIT WEBPAGE
Unit materials, suggested solutions, announcements and other relevant information are found
on iLearn for the unit at: http://ilearn.mq.edu.au It is necessary for all students to visit this unit
site regularly.
Your log-in details for iLearn are the same as your E-student username and password.
Should you have any technical difficulties logging in, including password resets, you will need
to contact the IT Helpdesk on 9850 4357 or log onto OneHelp via the website
http://mq.edu.au/onehelp/index.html to log a support request.
LEARNING OUTCOMES
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range of areas. The nine Macquarie graduate capabilities are listed in the following section. The
learning outcomes for this unit (as set out below) include those designed to develop and /or
enhance generic and discipline (legal) skills. The skills being focused on in this unit are:
1.
2.
3.
4.
5.
6.
While these skills are a particular focus of the learning outcomes set out for this unit, all of the
assessment tasks are intended to enhance the graduate capabilities articulated by the University.
The skills listed above should be understood in the context of the broader graduate capabilities
sought to be achieved. The particular skills listed above should be referred to from time to time
as you progress through the unit to measure your learning. If you are confident you have
developed or are developing the knowledge and skills outlined above, you should be well
prepared for assessment tasks.
The learning outcomes of this unit specifically are:
1.
A critical objective of this unit is that students obtain a sophisticated knowledge and
understanding of various views, including economic theories and developing country
perspectives, concerning the rationale for and objectives of laws regulating
international commercial law.
2.
Students will be required to demonstrate that understanding by:
a. Critically explaining, analysing and evaluating the relevant legal principles and the
political dynamic inherent in those principles during class discussions, the reading
group and in written assessments.
b. Critically assessing and explaining the problems currently challenging international
commercial law, and how those problems may be overcome during class
discussions, the reading group and in written assessments.
3.
Display sound knowledge of the international agreements and international regimes
that influence and regulate international commercial law, and be able to critically
assess the operation of such laws and agreements.
4.
Construct and evaluate arguments about methods for resolving disputes in this area,
and address the strengths and weaknesses of the different procedures;
5.
Analyse hypothetical international legal problem situations and formulate and present
appropriate oral and written arguments in response;
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6.
7.
Make recommendations for law reform and/or further research needed to address
cross cutting issues taking into account the perspectives of various actors including
ethical considerations.
Make some assessment of the legal problems that arise in the area of international
commercial law, and why they have occurred, and assess how the legal regime
surrounding international commercial law can be expected to develop in the future.
GRADUATE CAPABILITIES
In addition to the discipline-based learning objectives, all academic programs at Macquarie seek
to develop the capabilities the University's graduates will need to develop to address the
challenges, and to be effective, engaged participants in their world.
This unit contributes to this by developing the following graduate capabilities:
1.
Discipline Specific Knowledge and Skills
Our graduates will take with them the intellectual development, depth and breadth of knowledge,
scholarly understanding, and specific subject content in their chosen fields to make them
competent and confident in their subject or profession. They will be able to demonstrate, where
relevant, professional technical competence and meet professional standards. They will be able
to articulate the structure of knowledge of their discipline, be able to adapt discipline-specific
knowledge to novel situations, and be able to contribute from their discipline to inter-disciplinary
solutions to problems.
2.
Critical, Analytical and Integrative Thinking
We want our graduates to be capable of reasoning, questioning and analysing, and to integrate
and synthesise learning and knowledge from a range of sources and environments; to be able to
critique constraints, assumptions and limitations; to be able to think independently and
systemically in relation to scholarly activity, in the workplace, and in the world. We want them to
have a level of scientific and information technology literacy.
3.
Problem Solving and Research Capability
Our graduates should be capable of researching; of analysing, and interpreting and assessing
data and information in various forms; of drawing connections across fields of knowledge; and
they should be able to relate their knowledge to complex situations at work or in the world, in
order to diagnose and solve problems. We want them to have the confidence to take the initiative
in doing so, within an awareness of their own limitations.
4.
Creative and Innovative
Our graduates will also be capable of creative thinking and of creating knowledge. They will be
imaginative and open to experience and capable of innovation at work and in the community. We
want them to be engaged in applying their critical, creative thinking.
5.
Effective Communication
We want to develop in our students the ability to communicate and convey their views in forms
effective with different audiences. We want our graduates to take with them the capability to read,
listen, question, gather and evaluate information resources in a variety of formats, assess, write
clearly, speak effectively, and to use visual communication and communication technologies as
appropriate.
6.
Engaged and Ethical Local and Global citizens
As local citizens our graduates will be aware of indigenous perspectives and of the nation's
historical context. They will be engaged with the challenges of contemporary society and with
knowledge and ideas. We want our graduates to have respect for diversity, to be open-minded,
sensitive to others and inclusive, and to be open to other cultures and perspectives: they should
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have a level of cultural literacy. Our graduates should be aware of disadvantage and social
justice, and be willing to participate to help create a wiser and better society.
7.
Socially and Environmentally Active and Responsible
We want our graduates to be aware of and have respect for self and others; to be able to work
with others as a leader and a team player; to have a sense of connectedness with others and
country; and to have a sense of mutual obligation. Our graduates should be informed and active
participants in moving society towards sustainability.
8.
Capable of Professional and Personal Judgement and Initiative
We want our graduates to have emotional intelligence and sound interpersonal skills and to
demonstrate discernment and common sense in their professional and personal judgement. They
will exercise initiative as needed. They will be capable of risk assessment, and be able to handle
ambiguity and complexity, enabling them to be adaptable in diverse and changing environments.
9.
Commitment to Continuous Learning
Our graduates will have enquiring minds and a literate curiosity which will lead them to pursue
knowledge for its own sake. They will continue to pursue learning in their careers and as they
participate in the world. They will be capable of reflecting on their experiences and relationships
with others and the environment, learning from them, and growing - personally, professionally
and socially.
Topic
Introduction Standard Trade Terms
Contracts of Sale Under the CISG
Electronic Commerce
Transport of Goods by Sea and Bills of Lading
Transport of Goods by Sea and Bills of Lading
Hague Visby Rules
Hamburg Rules and Recent Developments
Marine Insurance
Intellectual Property in International
Commercial Transactions
External Students
On-Campus Session
for external students
on 26th April and
27th April
7
8 30/04/13
No Class
9 07/05/13
10 14/05/13
11 21/05/13
Choice of Laws
12 28/05/13
13 04/06/13
High Distinction
Distinction
Credit
Pass
Fail
85-100
75-84
65-74
50-64
0-49
For further information, please refer to page 71 of the 2013 Calendar of Governance,
Legislation and Rules- Postgraduate Rules at:
http://universitycouncil.mq.edu.au/pdfs/2013-Postgraduate_rules.pdf
Weight
Due Date
Quiz
10%
12/03/13
Linked unit
outcomes
1, 3
Linked graduate
capabilities
1, 2, 3, 4, 6, 7, 8, 9
Brief Description:
The quiz is given early in the session so that students will know how well they are developing
knowledge and understanding of the course material. The quiz will be given during the third
hour of the session on 12 March. The quiz will be entirely multiple choice and results will be
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distributed the following week. The subject matter of the quiz will include reading and lectures
drawn from the first two class sessions.
Task
Weight
Due Date
Essay
40%
Tuesday 7
May 2013
Linked unit
outcomes
2, 3, 4, 5
Linked graduate
capabilities
1, 2, 3, 4, 5, 8
Brief Description:
7KLVZULWWHQDVVLJQPHQWLVGHVLJQHGWRHQKDQFHVWXGHQWVDELOLW\WRH[DPLQHDNH\FRPSRQHQW
of international commercial law such as the Vienna Convention or the New York Convention in
the context of its adoption or rejection in the VWXGHQWVKRPHFRXQWU\DQGSURYLGHLQIRUPDWLRQ
explanation and critical analysis in a clear, concise and relevant manner with respect to the
likely impact of adoption or rejection of the specified body of international law.
[Word length 3500 words]
Task
Weight
Due Date
Final Examination
50%
To Be
Announced
Linked unit
outcomes
1, 2, 3, 4, 5
Linked graduate
capabilities
1, 2, 3, 4, 5, 8, 9
Brief Description:
The final examination is a take-home, open book exam where the student may use any of the
course materials. However, the exam must be returned within 24 hours of when it is first
distributed. The exam is intended to be comprehensive but, recognising the time constraints,
the exam does not call for lengthy answers. It is structured like an in-class exam and is not a
research paper because the exam does not require any research beyond the course materials.
It is expected that the exam papers will be typed and returned by email.
Application of the relevant legal principles to the fact pattern in the problem
- Have the facts been applied to the legal principles raised (as opposed to legal issues being
raised in the abstract and without being tied back to the facts)? The best arguments will be
those that tightly weave the facts into the legal issues (particularly as opposed to a paragraph
on the law, a paragraph on the facts and one sentence on whether there is a good match
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- How well have you argued the facts/ how persuasively?
- Have you made unnecessary assumptions about the facts for the purposes of your
arguments?
Depth of research
- Research must extend beyond the prescribed readings (the recommended books and
journals provide a starting point for further research)
- Random searches of the internet are usually obvious and will not be favourably regarded. If
you are citing sources from the internet, do those sources have academic merit?
- Have you consulted monographs and academic journals?
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show.
Critical evaluation of the relevant issues
- Have you identified the strengths and weaknesses of the different arguments presented?
- What is the level of reflection engaged in? Have the issues really been thought through?
- Have you provided the critique throughout the discussion (a more sophisticated approach), or
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Clarity of expression
- Is it possible to understand what you are explaining or arguing?
- Is the grammar correct? The spelling? The punctuation?
- Are the sentence structures correct? Do you have complete sentences?
- Have you used paragraph breaks appropriately?
Presentation of argument
- Is the argument well-structured?
- Have headings been used appropriately?
- Does the argument proceed logically from one point to the next?
- Have you been appropriately concise?
- Have you adhered to the word limit?
Responsiveness to question
- Have you addressed all of the key issues?
- Have you addressed non-existent or not very relevant issues?
- Have you followed the instructions provided?
Correct and consistent reference style will also be taken into account
- Have you cited correctly as per the Australian Guide to Legal Citation?
- Have you quoted correctly?
- Have you provided authority when you are presenting the views of others? Avoid phrases
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without identifying in footnotes who these people are.
- Have you provided authority for key legal principles?
- Have you provided citations for cases as well as treaties?
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ATTENDANCE
Internal Students:
MQC monitors the course progress of international students to ensure that the student complies
with the conditions of their visa relating to attendance.
The minimum level of attendance includes all lectures and tutorials. Tutorial attendance will be
recorded weekly. If any scheduled class falls on a public holiday this will be rescheduled as
advised by your Lecturer. Attendance at any mid-Session or in-class test is compulsory unless
otherwise stated.
Unavoidable non-attendance due to illness or circumstances beyond your control must be
supported by appropriate documentation to be considered for a supplementary test. Other
non-attendance will obtain zero for the test. You should refer to the section below on Special
Consideration for more details about this.
All students are encouraged to actively participate in each week's discussions. Internal
students are required to attend a minimum of 9 weekly tutorials.
External Students:
All students are encouraged to actively participate in each week's discussions. External
students are required to attend all of both days of the On-Campus Session on 26- 27 April.
ACADEMIC HONESTY
Academic honesty is an integral part of the core values and principles contained in the Macquarie
University Ethics Statement:
http://www.mq.edu.au/ethics/ethic-statement-final.html.
The nature of scholarly endeavour, dependent as it is on the work of others, binds all members of
the University community to abide by the principles of academic honesty. Its fundamental
principle is that all staff and students act with integrity in the creation, development, application
and use of ideas and information. This means that:
x
x
x
x
all academic work claimed as original is the work of the author making the claim
all academic collaborations are acknowledged
academic work is not falsified in any way
when the ideas of others are used, these ideas are acknowledged appropriately.
The link below has more details about the policy, procedure and schedule of penalties that will
apply to breaches of the Academic Honesty Policy which can be viewed at:
http://www.mq.edu.au/policy/docs/academic_honesty/policy.html
If you are unsure about how to incorporate scholarly sources into your own work, please contact
your Lecturer or the Student Services team well in advance of your assessment for assistance.
Macquarie University Campus Wellbeing also has a presence on the City Campus each week.
If you would like to make an appointment, please email info@city.mq.edu.au or go to their
website at
http://www.campuslife.mq.edu.au/campuswellbeing
FINAL EXAMINATIONS
Please refer to page 9 for details of the final examination for this unit.
SPECIAL CONSIDERATION
The University is committed to equity and fairness in all aspects of its learning and teaching. In
stating this commitment, the University recognises that there may be circumstances where a
student is prevented by unavoidable disruption from performing in accordance with their ability. A
special consideration policy exists to support students who experience serious and unavoidable
disruption such that they do not reach their usual demonstrated performance level. The policy is
available at: http://www.mq.edu.au/policy/docs/special_consideration/policy.html
If you feel you have been disadvantaged due to an event or illness, or not able to reach your
usual demonstrated performance level, you can apply for Special Consideration. In your
application, you will need to show that your circumstances meet all of the following criteria:
<RXFRXOGQRWKDYHUHDVRQDEO\DQWLFLSDWHGDYRLGHGRUJXDUGHGDJDLQVWZKDWKDSSHQHG
7KHHYHQWVwere beyond your control
<RXUVWXG\DQGFRPSOHWLRQRIZRUNZHUHVHYHUHO\GLVUXSWHG
7KHHYHQWVLQWHUIHUHGZLWKWKHRWKHUZLVHVDWLVIDFWRU\performance in your unit or program
requirements
7KHVLWXDWLRQODVWHGDWOHDVWWKUHHFRQVHFXWLYHGD\VZLWKLQDVWudy period and/or prevented
completion of a formal examination.
Special consideration will only be approved to students who have satisfactory performance in this
unit. Satisfactory performance means that students must achieve at least 50% in their
coursework. If the criterion is not met in an application for special consideration subsequently, it
ZLOOEHUHMHFWHGDV,QYDOLG
12
You will need to lodge your request for special consideration by logging into http://ask.mq.edu.au
with your OneID.
You must submit your application within five working days of the scheduled time or due date of
the assessment. Please note that submitting your application is no guarantee that it will be
approved.
If a Supplementary Examination is granted as a result of the Special Consideration process,
the examination will be scheduled after the conclusion of the official examination period. All
students must make themselves available to sit for examinations until at least the final day of
the official examination period.
IT CONDITIONS OF USE
Students must use their Macquarie University email addresses to communicate with staff as it is
University policy that the University issued email account is used for official University
communication.
Students are expected to act responsibly when utilising Macquarie City Campus IT facilities. The
following regulations apply to the use of computing facilities and online services:
$FFHVVLQJLQDSSURSULDWHZHEVLWHVRUGRZQORDGLQJLnappropriate material is not permitted.
Material that is not related to coursework for approved unit is deemed inappropriate.
'RZQORDGLQJFRS\ULJKWPDWHULDOZLWKRXWSHUPLVVLRQIURPWKHFRS\ULJKWRZQHULVLOOHJDODQG
strictly prohibited. Students detected undertaking such activities will face disciplinary action,
which may result in criminal proceedings.
Non-compliance with these conditions may result in disciplinary action without further notice.
If you would like to borrow headphones for us in the Macquarie City Campus computer labs (210,
307, 311, 608) at any point, please ask at Level 2 Reception. You will be required to provide your
MQC Student ID card. This will be held as a deposit while using the equipment.
For assistance in the computer labs, please see a Lab Demonstrator (usually they can be found
in Lab 311, otherwise ask at Level 2 Reception).
Topic
Readings
Week 1
Mon 25 Feb
Week 2
Mon 4 March
Ch. 2, p 57 - 95
Week 3
Mon 11 March
Week 4
Mon 18 March
Week 5
Mon 25 March
Electronic Commerce
The Graded Quiz
Transport of Goods by Sea and Bills of Lading
13
Week 6
Mon 1 April
Week 7
Mon 8 April
Marine Insurance
Intellectual Property in International Commercial
Transactions
Paper Due
Mid Session Break 15 April 26 April
Week 9
Mon 6 May
Week 10
Mon 13 May
Week 11
Mon 20 May
Choice of Laws
Week 12
Mon 27 May
Week 13
Mon 3 June
Exam Period
Tuesday 11 June Saturday 29 June 2013 (inclusive)
Session 1 2013 results will be released to students via e-Student on Monday 15 July 2013
14