Semester Two Intensive 2017

July | August | September | October | November | December


Climate Disaster Law (LAWS6320)

Offshore unit of study - Please contact the Offshore Unit of Study Coordinator for details

  • Recent extreme weather events and disasters around the world have resulted in loss of life, property, infrastructure and livelihoods and have severely disrupted the normal functioning of the societies which they have impacted. 
  • Worldwide insured losses alone from weather-related disasters have risen from US$5.1 billion per year between 1970-1989 to US$27 billion annually over the past two decades. International climate change negotiations have, over the past five years, delivered outcomes that are entirely inadequate to meet the goal set by the Parties to the United Nations Framework Convention on Climate Change of keeping the rise in average global temperatures below 2 degrees C above pre-industrial temperatures. 
  • This unit of study adopts a climate justice approach to assess the respective roles and responsibilities of government and insurers to avoid, prepare for, respond to, recover from, and compensate for, the risks of climate disasters.

Insolvency Law (LAWS6159)

  • The unit provides an introduction to the mainly statutory law regulating bankrupt individuals and insolvent companies to be found in the Bankruptcy Act 1966 and Corporations Act 2001.

Principles of Oil and Gas Law (LAWS6990)

Offshore unit of study - Please contact the Offshore Unit of Study Coordinator for details

  • Principles of Oil and Gas Law explores the distinctive legal issues presented by oil and gas exploration and production and examines the legal and regulatory responses of oil producing states.
  • This unit also explains the international legal principles that apply within the sector and sets the Australian experience against a broad comparative background. For the first time in 2016, this course will be offered in the home of the North Sea oil and gas industry, Stavanger, Norway.
  • This unit will draw on the expertise of international experts in oil and gas law, as well as take advantage of our location with excursions to the Petroleum Museum, oil companies and government.

Philosophy of Law (LAWS6308)

Offshore unit of study - Please contact the Offshore Unit of Study Coordinator for details

  • The main objective of this unit is to provide a critical understanding of the fundamental principles of legal theory and philosophy of law.

Corporate Social Responsibility: Theory and Policy (LAWS6140)

  • Examine a selection of theoretical and policy issues broadly related to the social responsibilities of corporations.
  • The unit will adopt a comparative and interdisciplinary approach, drawing on material from jurisdictions including the U.S. and Canada, as well as on methodologies and insights from law and economics and other schools of thought.

Principles of Intellectual Property (LAWS6873)

  • This introductory unit is designed for students who have not previously undertaken any formal study of Intellectual Property.

Judicial Review - Principles, Policy and Procedure (LAWS6068)

  • Experience a specialised and thematic account of judicial review as one means for making the executive branch of government accountable.
  • Develop an understanding of trends reflected in principles relating to justiciability, standing to seek review, excess of power and abuse of power, and procedural fairness.
  • Undertake a critical evaluation of the policy choices which account for development of common law principles.

Labour Law in the Global Economy (LAWS6816)

  • The aim of this unit of study is to understand the impact of the global economy on the world of work and the nature of the regulatory challenges it presents.

Advanced Employment Law (LAWS6013)

  • Examine the regulation of the individual employment relationship.
  • Examine in closer detail on the formation, construction and interpretation of employment contracts, duties of employers and employees in contract.
  • Study termination of employment contracts; and post-employment obligations (including restraints of trade).

Legal Reasoning and the Common Law System (Group C) (LAWS6252)

  • The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law.

Constitutional Theory (JURS6018)

  • Address the role that constitutionalism is expected to play in a democratic state, and explore various constitutional theories.
  • Examine theoretical attempts at reconciling commitments to constitutionalism with emphasis on democratic participation.

Contract Management (LAWS6328)

  • This unit builds on the foundational unit LAWS6991 Fundamentals of Contract Law.
  • It provides students with a detailed treatment of aspects of contract construction; the nature and effect of particular types of contractual terms; equitable and common law remedies; statutory measures having an impact on contracts and contract law (eg statutory unconscionability; misleading or deceptive conduct).

Discretion in Criminal Justice (LAWS6066)

  • This unit looks at the ways in which the exercise of discretionary judgment arises for consideration in the course of the criminal justice process and the ways in which that judgment should be exercised at each step.
  • Explore nuances in the conduct of any criminal prosecution aside from the application of the letter of the law

Environmental Law and Policy (Group B) (LAWS6044)

  • Acquire an introduction to overarching themes in environmental law and policy as a foundation to more detailed studies for the Environmental Law Program.
  • Develop multi-dimensional thinking about environmental issues and the strategies needed to address them.
  • Gain a broad background of the political and economic issues in so far as they are related to the legal issues involved.

Introduction to Australian Business Tax (Group B) (LAWS6825)

  • This unit introduces the basic elements of Australia's income tax (including fringe benefits tax and capital gains tax), with an emphasis on their impact on businesses, whether conducted directly or via a partnership, trust or company.

World Trade Organization Law I (LAWS6063)

  • This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.)

International Human Rights (LAWS6161)

  • Examine the principles and practice of international human rights law.
  • Acquire an introduction to the key concepts, debates, documents and institutions, while encouraging critical examination of these from a variety of angles.
  • Determine how to regard a situation or predicament as one involving a breach of international human rights law.
  • Formulate written and oral arguments by reference to key international human rights law instruments and principles.
  • Give strategic advice as to available avenues of recourse in international human rights law
  • Advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field

Doing Business in China (LAWS6852)

  • Acquire an overview of the Chinese legal, political and economic system.
  • Examine the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws.
  • Focus on Chinese contract law and the foreign investment regime as well as the related structuring and regulatory issues related to foreign participation in the Chinese market.

Theories of the Judiciary (LAWS6316)

  • This seminar will consider views in jurisprudence which examines the judge, the activity of judging, and the proper role of the judiciary within a legal system and a just society more generally.
  • Among the goals of the seminar are to determine the nature of judicial obligation, how judges ought to decide cases, the arguments for and against judicial review, the role of the judiciary in establishing and maintaining the rule of law, and the relation between the business of courts, politics, and morality.

International Dispute Resolution (LAWS6865)

  • Gain an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes.
  • Utilise The United Nations Charter provisions for the peaceful settlement of international disputes as the basic framework for the review of dispute resolution techniques.

Law of Asset Protection (LAWS6953)

  • This unit examines the legal aspects of asset protection, from both Australian and international perspectives. It provides a sound understanding of the legal techniques and principles of asset protection. The complex interaction between company law, the law of trusts and property, tax and estate planning laws, bankruptcy and insolvency laws is analysed.
  • The unit focuses on the laws of a select number of offshore jurisdictions, as well as international trust law. It examines the legal impediments and ethics of asset protection. Anti-money laundering rules and the civil and criminal liabilities of trustees and professional advisers are also covered.

International Law and Technology (LAWS6343)

  • Advances in technology pose new challenges for international governance. In an increasingly inter-connected world, new technology raises legal issues relating to its use, distribution and control.
  • This unit will focus on the response of the international community to technological progress across the different specialised regimes in international law.
  • The unit will commence with an overview of the framework of international law and international courts and the challenges relating to the regulation of new technology.
  • This unit will then consider the intersection of technology and key specialised regimes in international law, focusing on Trade, Environment, Law of the Sea, Health, Crime, Use of Armed Force and Intellectual Property Rights.

Chinese International Taxation (LAWS6091)

  • The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia.

Neurolaw: Brain, Mind, Law and Ethics (LAWS6335)

  • This unit explores the intersection between current and emerging brain sciences, and law. We examine the implications of new neuroscience research for key legal principles such as mens rea and the requirement of 'voluntariness' in legal causation, as well as ethical questions concerning the need for special regulation of brain and mind research.

Human Rights and the Global Economy (LAWS6846)

  • The questions of whether and how the global economy and human rights interrelate and interact have excited much recent controversy on the streets, in the courts and legislatures, in corporate board rooms and in the corridors of the UN and the international trade and financial organizations.
  • It is a controversy that will almost certainly intensify over the next few years. The debate is controversial because it is important, and it is important because it involves two great globalizing forces namely, the promotion of free market ideology through trade liberalization and the protection of human rights through the universalization of the norms that underpin human dignity.
  • On the face of it the two projects do sit easily together. Are they, in fact, implacably opposed to each other? Where or how do they overlap and what are the consequences or opportunities presented thereby?
  • What role can the law play in regulating their interaction whether it be domestic or international law, 'hard' or 'soft' law. And what or who are the real actors behind the economic and human rights power blocs on the global stage?
  • This unit seeks both to frame these questions and to address them by reference to the most recent discussion, thinking and action in the area.

Fundamentals of Finance Law (LAWS6955)

  • Identify and analyse key legal concepts that impact on the operation of financial markets.

Mental Illness: Law and Policy (LAWS6877)

  • Examine the law relating to mental health issues in Australia including human rights principles.
  • Investigate the background material on the nature and incidence of mental illness, psychiatric and medical issues; consider criminological and public policy literature where relevant.
  • Explore substantive issues from civil treatment, welfare law and criminal law

Fundamentals of Regulation (LAWS6330)

  • This unit examines regulatory theory and practice within the context of the regulatory state. Growing privatization and corporatization has heightened demand for public regulation of private activities, but also for regulation of the state itself. At the same time, consumers, governments, and civil society place pressure on the private sector to address the social and environmental consequences of its actions through various forms of self-regulation. These trends have produced increasingly complex regulatory systems, and regulation is now a dominant aspect of the legal landscape, at both national and international levels.

Doing Business in Emerging Markets (LAWS6945)

  • Examines common commercial, tax and regulatory issues that arise from doing business in emerging market economies
  • Examines issues associated with investing into and doing business with former Soviet Union countries, and the famous Yukos case will be considered.
  • This unit of study is taught by an International Expert as part of the Sydney Law School’s exclusive visitors’ program.

Public Policy (LAWS6257)

  • Gain an understanding of the role of government policy within the analytical framework of welfare economics.
  • Examine the conditions that justify government intervention; determine whether policies can be designed to support basic principles of social justice and what kinds of reforms promote economic efficiency.
  • Acquire an overview of the main empirical methodologies used in evaluating policy reforms.

September


Energy and Climate Law (LAWS6163)

  • This unit adopts an inter-disciplinary and integrative approach to understanding the dynamics of one of the most pressing global environmental concerns ecologically sustainable energy use.
  • Working loosely within the framework of the Climate Change Convention, the unit relies on the perspectives of scientists, lawyers and economists to develop an integrated approach to sustainable energy use.

Legal Reasoning and the Common Law System (Group D) (LAWS6252)

  • The unit has been designed to equip students with the necessary legal skills and legal knowledge to competently apply themselves in their chosen area of law.

Refugee Law (LAWS6198)

  • Acquire a practical and theoretical understanding of the development and operation of international refugee law, and forced migration more broadly.
  • Examine the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection.
  • Develop a critical understanding of the international legal regime of refugee protection.

Taxation of Partnerships and Trusts (LAWS6118)

  • The objective of this unit is to examine the policy and practical issues that arise in Australia by virtue of the rules for the taxation of income derived through unincorporated entities.
  • The focus is on partnerships, corporate limited partnerships, trusts, unit trusts, deceased estates, corporate unit trusts and public trading trusts.
  • The goals of the unit are to develop a detailed understanding of the policies, technical rules and practical problems involved in the taxation of these arrangements.

International Business Law (LAWS6059)

  • The objective of this unit is to provide students with an introduction to a number of areas of international business law and to provide an opportunity to study some of those areas in more detail.

The Nature of the Common Law (LAWS6338)

  • The common law is an essential part of the Australian legal system, as well as many others around the world. This unit of study examines the nature of the common law from the point of view of jurisprudence.

Comparative International Taxation (LAWS6128)

  • Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties).

Insurance Contract Law (LAWS6882)

  • Identify and analyse the key legal concepts that govern the relationship between insurers and policyholders
  • This unit of study is taught by an International Expert as part of the Sydney Law School’s exclusive visitors’ program.

Environmental Planning and Impact Assessment Law (LAWS6354)

This unit has three aims:

  • The first is to provide a sound analysis of Environmental Impact Assessment (EIA) procedures and environmental planning laws in NSW and at the Commonwealth level.
  • The second aim is to develop a critical understanding of EIA and environmental planning laws by examining their historical, ethical and political dimensions as well as relevant aspects of legal theory.
  • The third and ultimate aim is to combine these doctrinal and theoretical forms of knowledge so we can suggest possible improvements to current laws and legal practices.

UK International Taxation (LAWS6109)

  • This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK.
  • This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia.
  • This unit of study is taught by an International Expert as part of the Sydney Law School’s exclusive visitors’ program.

Muslim Minorities and the Law (LAWS6349)

  • This unit seeks to explore, illustrate and evaluate the interconnections, tensions and conflicts in Muslims' applications of Islamic Law in Common Law states with a view to forming appropriate policies at national level for accommodation while addressing issues of communal identity, security and social exclusion.
  • It examines these broad issues in four countries: Australia, Canada, the UK and the United States, and explores them in the context of family affairs, crime and business.
  • This unit should appeal to government officers, policy makers, community workers, NGOs, criminal justice officers and students interested in contemporary applications of Islamic law and Islamic studies.

Economics of Tax Policy (LAWS6984)

  • Gain an understanding of the modern economics approach to the analysis of tax policy.
  • Examine the role of taxation within the framework of welfare economics and the social and economic effects of reforms drawing on available empirical evidence.
  • Pay particular attention is given to the evaluation of current policies and proposed reforms in terms of distributional outcomes and efficiency costs due to disincentive effects on labour supply, saving and investment.

Government Regulation, Health Policy & Ethics (LAWS6052)

  • Examine government regulation of health care, drugs, resource allocation, medical research and professional practice.
  • With regard to each area of government decision-making, analyse issues by reference to the interplay between social goals, human rights, legal rights and ethical considerations.

Intellectual Property Management and Disputes (LAWS6351)

  • This unit aims to provide students with tangible and in-depth case studies focusing on IP management and strategy, and legal and procedural/evidentiary questions in leading IP cases.
  • The target audience includes students wishing to advance their study of Intellectual Property, as well as legal practitioners hoping to develop their skills and knowledge base in this exciting area of the law.
  • The unit provides opportunities to explore questions of legal strategy, IP and innovation policy, and dispute resolution through real world case studies. Potential issues involved include how branding strategies interrelate with trade mark law, the role of experts in patent law and beyond, and current disputes over the scope of copyright rights and licensing.

Taxation of Mergers and Acquisitions (LAWS6892)

  • The unit will focus on the tax issues arising on the takeover or re-organisation of a corporation. Unique and complex tax issues arise for the corporation, its existing shareholders and, in the case of a takeover, its acquirer. These issues will influence the method of effecting the transaction, the method of financing it and indirectly the price paid.

Market Manipulation and Insider Trading (LAWS6944)

  • Examine the key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets.
  • Focus on recent developments (including high profile prosecutions for market abuse) in Australia and the United States while selecting other jurisdictions (most notably China, India, South Africa, Brazil, Europe and Hong Kong) that are relevant to the different subjects considered.

Criminal Law: History and Theory (LAWS6350)

  • This unit critically examines the development of the modern criminal law and process (broadly, since end eighteenth century).
  • In terms of process, topics to be considered may include the development of the adversarial trial system, the decline of capital punishment, the formalization of rules of evidence and proof, the growth of the summary jurisdiction, and the appearance of 'hybrid' civil/criminal procedural forms.
  • In terms of criminal law, topics may include non-fatal offences against the person, sexual offences, possession and 'endangerment' offences.

Taxation of Corporate Groups (LAWS6244)

  • The object of this unit is to examine the policy and practical issues that arise in the tax consolidation regime in Australia.

Law of the Sea (LAWS6047)

  • The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and nonliving resources, and provide indispensable environmental services including stabilising the global climate system.
  • Review the major areas of the law of the sea as it has developed over the centuries.
  • Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.

Cross-Border Deals (LAWS6997)

  • This unit is for law graduates who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions.

Water Law and Climate Change (LAWS6191)

  • This unit of study situates the management of Australia's water resources within an International Law context including the United Nations Framework Convention on Climate Change, International Water Law principles and an internationally recognised human right to water.
  • The unit examines the ecologically sustainable management of water resources in the context of climate change, with Australia being the driest inhabited continent. According to the Garnaut Climate Change Review, climate change could halve the productive capacity of the Murray Darling Basin, which produces one third of Australia's food supply, by 2050.

Interpretation of Statutes and Other Texts (LAWS6326)

  • Develop an understanding of the principles of statutory interpretation, and hone their ability to apply those principles in practice.
  • Explore the interpretation of contracts, constitutions and treaties, observing where the core principles of statutory interpretation (text, context and purpose/intent) also apply to those texts, as well as learning rules particular to contracts, constitutions and treaties.

November


Chinese Laws & Chinese Legal Systems (LAWS6001)

Offshore unit of study - Please contact the Offshore Unit of Study Coordinator for details

  • Acquire an overall picture of the modern Chinese legal system.
  • Develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy.
  • Examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration.

December


Business Crime (LAWS6353)

  • This unit covers the law and effective enforcement policy governing crimes committed by large multinational corporations. The central policy issue discussed is how to use corporate and individual liability to deter criminal wrongdoing by employees of publicly-held firms.
  • This unit of study is taught by an International Expert as part of the Sydney Law School’s exclusive visitors’ program.