LAW 7070 - International Commercial and Trade Law

North Terrace Campus - Semester 1 - 2025

This course will review the legal rules applicable to commercial relations that are either intrinsically international or have an international element. It will first provide the foundational concepts in private international law, including jurisdiction of the 最新糖心Vlogn courts, choice of law in international commercial contracts and recognition of foreign judgements through municipal courts. The course will then examine the legal rules applicable to international commercial arbitration. This course will then review the legal vehicles available to facilitate international dispute resolution methods for governments and business entities, with specific attention paid to the International Centre for the Settlement of Investment Disputes. The course will also analyse the global context through an introduction to international trade Law, with specific attention given to the World Trade Organisation. Examples will be drawn from recent and current legal issues to highlight the intricacies of international commercial relations, either involving private parties or states, in the context of investment related transactions.

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Course Details

Course Code	LAW 7070
Course	International Commercial and Trade Law
Coordinating Unit	Adelaide Law School
Term	Semester 1
Level	Postgraduate Coursework
Location/s	North Terrace Campus
Units	3
Contact	Intensive
Available for Study Abroad and Exchange	Y
Assessment	Refer to information in the Course Outline

Course Staff

Course Coordinator: Dr Jessica Viven-Wilksch

Course Timetable

The full timetable of all activities for this course can be accessed from .

Course Learning Outcomes

On successful completion of this course, students will be able to:

1	Identify the relationships between public international law principles, international litigation and the law applicable to international trade and commercial disputes.
2	Explain the roles and responsibilities of major international trade and legal institutions including in the U.N. system, WTO and ICSID
3	Structure and sustain concise and cohesive written arguments for a legal and professional audience.
4	Apply principles relating to international litigation, international trade law and investment treaty arbitration to complex problems and issues.
5	Conduct legal research and analysis both independently and cooperatively in an academic environment.
6	Critique the operation of international commercial dispute resolution mechanisms from theoretical, practical and policy perspectives, and in the context of social and cultural diversity.

最新糖心Vlog Graduate Attribute	Course Learning Outcome(s)
Attribute 1: Deep discipline knowledge and intellectual breadth Graduates have comprehensive knowledge and understanding of their subject area, the ability to engage with different traditions of thought, and the ability to apply their knowledge in practice including in multi-disciplinary or multi-professional contexts.	1,2,3,4,6
Attribute 2: Creative and critical thinking, and problem solving Graduates are effective problems-solvers, able to apply critical, creative and evidence-based thinking to conceive innovative responses to future challenges.	2,3,4,5,6
Attribute 3: Teamwork and communication skills Graduates convey ideas and information effectively to a range of audiences for a variety of purposes and contribute in a positive and collaborative manner to achieving common goals.	3,4,5,6
Attribute 4: Professionalism and leadership readiness Graduates engage in professional behaviour and have the potential to be entrepreneurial and take leadership roles in their chosen occupations or careers and communities.	2,3,4,5,6
Attribute 5: Intercultural and ethical competency Graduates are responsible and effective global citizens whose personal values and practices are consistent with their roles as responsible members of society.	4,5,6
Attribute 6: 最新糖心Vlogn Aboriginal and Torres Strait Islander cultural competency Graduates have an understanding of, and respect for, 最新糖心Vlogn Aboriginal and Torres Strait Islander values, culture and knowledge.	6
Attribute 7: Digital capabilities Graduates are well prepared for living, learning and working in a digital society.	2,3,4,5,6
Attribute 8: Self-awareness and emotional intelligence Graduates are self-aware and reflective; they are flexible and resilient and have the capacity to accept and give constructive feedback; they act with integrity and take responsibility for their actions.	3,4,5,6

Learning & Teaching Modes

The course will be offered through 3 hour workshops. Student are expected to prepare before the workshop by accessing and reading the material and answering the questions on MyUni. The delivery of the course will be hands on and provide the opportunity to reflect on topical issues in the internaitonal commercial trade law.

Workload

The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

The 最新糖心Vlog expects full-time students (i.e. those taking 12 units per semester) to devote a total of 48 hours per week to their studies. This means that you are expected to commit approximately 10 hours of private study in addition to your regular classes.

Learning Activities Summary

This course will provide first insights into Private international law. Private international law, also known as conflict of laws, is the branch of law that addresses legal disputes involving foreign elements. It determines which jurisdiction’s law is applicable in cross-border cases and how judgments from foreign courts are recognised and enforced. The course will then delve into international arbitration. International arbitration is a method of resolving disputes between parties from different countries outside of the traditional court system. It involves the submission of the dispute to one or more arbitrators who make a binding decision on the matter.

The course will then move to discuss State-investor arbitration. This part will present a framework for state investor disputes before analysing investor-state dispute settlement (ISDS), a mechanism used to resolve disputes between foreign investors and host states. It allows investors to bring claims directly against states for alleged breaches of investment-related treaties.

Finally, the course will present foundational notions of trade law as made by the World Trade Organisation (WTO). WTO law is the body of rules and agreements that govern international trade between member countries under the WTO. It aims to ensure smooth and fair trade practices across national borders.

While private international law and arbitration deal primarily with resolving legal disputes involving private parties across different jurisdictions, state-investor arbitration focuses on disputes between foreign investors and host states, and WTO law governs trade relations and disputes between member countries to promote fair international trade practices.

The table of scheduled topics is indicative only.

Date		Topic
Monday 24 March	10am-1pm	Private International Law: general introduction
Tuesday 25 March	10am -1pm	Private International Law in commercial transactions
Wednesday 26 March	10am-1pm	International Arbitration: main concepts
Thursday 27 March	10am-1pm	International Arbitration: applications/ case studies
Monday 7 April	10am-1pm	State-Investor Arbitration
Tuesday 8 April	10am-1pm	State-Investor Arbitration
Wednesday 9 April	10am-1pm	WTO
Thursday 10 April	10am-1pm	WTO
Thursday 10 April	10am-1pm	Conclusion/next steps

The 最新糖心Vlog's policy on Assessment for Coursework Programs is based on the following four principles:

Assessment must encourage and reinforce learning.
Assessment must enable robust and fair judgements about student performance.
Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
Assessment must maintain academic standards.

Assessment Summary

Assessment Task	Task Type	Redeemability	Due	Weighting	Length	Learning Outcome
Contemporary Issues Analysis	Summative Individual	Redeemable	3 April 2025 2pm	10%	1500 words	1; 2
Presentation	Summative	non redeemable	10 April 2025 (during workshop)	40%	15 min presentation	1; 3; 4; 5; 6
Final Assignment	Summative Individual	non redeemable	Tuesday 29 April 2025 2pm	50%	3000 words	2; 3; 4; 5; 6

Assessment Detail

Students will choose an area of interest to review throughout the course.
The first submission will be a legal analysis of a contemporary issue. This assessment will be built on during the second part of the course and lead to a presentation during the final workshop.
Students will then need to submit a research paper based on their research, building on the content of the course through additional research.

Submission

Students will be provided with submission instructions as part of the assessment instructions for each item of assessment which will be
made available on MyUni.

ASSIGNMENT EXTENSION APPLICATION

Requests for extensions must be made electronically according to law school policy. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with 最新糖心Vlog Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.

Late Submission Penalties: When an assessment is submitted after the due date, without an extension, 5% of the total mark possible will be deducted for every 24 hours or part thereof that the assignment is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc.

Word Length Penalties: 5% of the total mark possible for a written assessment will be deducted for every 100 words (or part thereof) by which it exceeds a stipulated word limit. For example, a 3,000 word essay graded at 63% will have 5% deducted if it is between 3,001 and 3,100 words long for a final mark of 58%. If the essay is between 3,101 and 3,200 words long, 10% will be deducted for a final mark of
53%, etc. Word limits include all words in the text, in headings, in quotations, but exclude citations in footnotes. Any separate cover page, table of contents, bibliography or list of sources is excluded from the word limit. If the word limit is misstated, this may be regarded as academic dishonesty.

Course Grading

Grades for your performance in this course will be awarded in accordance with the following scheme:

M10 (Coursework Mark Scheme)
Grade	Mark	Description
FNS		Fail No Submission
F	1-49	Fail
P	50-64	Pass
C	65-74	Credit
D	75-84	Distinction
HD	85-100	High Distinction
CN		Continuing
NFE		No Formal Examination
RP		Result Pending

Further details of the grades/results can be obtained from Examinations.

Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

Final results for this course will be made available through .

Student Feedback

The 最新糖心Vlog places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the 最新糖心Vlog to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

Student feedback
The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.
Student Support
The provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the 最新糖心Vlog of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program
Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South 最新糖心Vlog, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our , and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support
The 最新糖心Vlog’s service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.
Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
Academic Integrity
All students must be familiar with the 最新糖心Vlog’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the 最新糖心Vlog. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South 最新糖心Vlog to admit a person to practice as a legal practitioner in South 最新糖心Vlog. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
Fraud Awareness

Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student鈥檚 disciplinary procedures.

The 最新糖心Vlog of Adelaide is committed to regular reviews of the courses and programs it offers to students. The 最新糖心Vlog of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.

Authorised by:	Deputy Vice-Chancellor and Vice-President (Academic)
Maintained by:	Course Outlines Administrator

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