This program-wide capstone unit must be taken by each student in their final semester of study within the Master of Commerce and Master of International Business and Law programs. Students work collaboratively with peers and advisors to integrate the discipline-specific knowledge acquired within their program to address 'real world' business challenges requiring cross-disciplinary and cross-functional insights, knowledge and skills. Assessment is designed to assure student proficiency in program learning goals. Students work in self-managing cross-functional teams to complete a semester-long project, preparing individual and group reports that will be assessed by peers and academic staff. Weekly seminars include action learning in business life cycle, data analysis, strategic decision-making, change management, business communication, and ethical awareness and reasoning in business practice. Learning activities will include short case studies, debates, and role plays.

This unit will be taken by students accepted into the Master of Commerce Geneva Industry Placement Program while they undertake a professional placement with a business or a government or nongovernment organisation that has a particular focus on business interests. It will include preparatory coursework in reflective, professional practice and concurrent coursework on research methods, report and other professional writing skills. Assessment will include a reflective journal, research report related to their work placement, and oral presentations all based on the internship placement and international work and study experience.

China has recently become the second biggest economy in the world and is Australia's most important trading partner. Australian businesses are increasingly engaging with China. This Unit of Study addresses the frequently asked question of how to do business with China. It addresses China's unique business environment which has resulted from its unique culture, history and demography, and examines the business regulations, tax system, and the administrative and compliance issues businesses will face when carrying on business with China. The Unit first outlines the business environment in terms of culture, history, economics, demography, and government administration. It then provides students with an understanding of the legal environment that businesses will face in China. Through a hypothetical case study, different aspects of business regulation such as contract, entity structure, mergers and acquisition, property and intellectual property rights, the tax system, different tax types and associated international issues, and social insurance are analysed.

This unit focuses on the application of strategic thinking in key business contexts with a particular focus on the global nature of business. Specific attention is given to: (i) the identification and managing of new business opportunities both for entrepreneurial start-ups and for new ventures that emerge within a corporate setting; (ii) business model innovation as a basis for new ventures and business growth; (iii) the identification and managing of the specific challenges and risks presented by operating in a global business environment.

This unit analyses how multinational firms leverage their capabilities and competencies to create competitive advantages in international and global markets. Topics include assessing foreign market attractiveness; understanding the impact of differences in legal, cultural, political and economic regimes; evaluating international political and economic risk; building and operating global networks, including entry mode choice; understanding how managers design organisational architecture and implement internal control and incentive mechanisms; and assessing the challenges of global citizenship, ethical behaviour and social responsibility for international business. Problem-based learning, with case study workshops, is an integral part of the Unit.

An understanding of cultural differences and how to manage such differences is critical to effective management in international and multi-cultural business environments. The aim of this unit of study is to provide conceptual frameworks and evidence from practice that will develop an understanding of the ways in which cultures differ, how these differences can impact on management, and how cultural issues can limit organisational effectiveness. Major topics include the significance of culture in international management, the meaning and dimensions of culture, comparative international management and leadership styles, managing communication across cultures, ethics and social responsibility in global management, cross-cultural negotiation and decision-making, forming and managing global teams, and developing the international and global manager.

This unit introduces students to the multi-level risk environments encountered by multinational enterprise and the processes and strategies that can be employed to identify, assess, manage and mitigate risk. Topics that are covered include multinational enterprise and expropriation, sovereign risk and corruption, political and regulatory risk, brand and corporate reputation risk management, managing anti-globalization protests and consumer boycotts, terrorism risk, and executive risk and risk management and a short introduction to financial risk and risk management. The unit will also introduce students to the various analytical approaches involved in designing risk identification systems, reporting and monitoring protocols, and how risk is able to be assessed, prioritized and effectively managed. The unit will emphasize a problem case based approach to learning using workshops and simulation exercises.

Collaboration to achieve competitive advantage is one of the most commonly recommended cross border strategies. However, international alliances can take many different forms, and they can serve many different purposes. Managing international alliances raises a series of different issues for the alliance partners to manage. This unit examines the issues raised and considers the reasons for success and failure of international alliances. It looks at the forms that partnerships can take, it examines the methods for choosing among potential partners, it examines the potential forms of collaboration and the level of resources each may require. Managing the partnership for maximum advantage, avoiding possible risks, and deciding how and when to end the partnership, all are further issues that managers must consider. The unit considers these questions in the framework of general theoretical approaches, and pays particular attention to discussion of individual cases.

In order to succeed in international business, both corporations and individuals need broad decision-making abilities. Business decision-making tools yield more coherent and justifiable results when used with an understanding of the ethical, social and environmental aspects of the process. This applies to various situations in the international business setting including business relations with government, customers, employees, and NGOs. This unit is designed to look at these non-financial elements in the decisions made within the international business context. Following the completion of this unit, students will have enhanced skills and knowledge relevant to the understanding of ethical issues and ethical decisions making in international business organisations.

The triad regions, Japan, the United States, and the European Union, together are the homes of almost all of the world's largest 500 corporations. They account for a large majority of world exports. They provide most of the world's outward flows of foreign direct investment, and in addition, they are the recipients of most of inward FDI flows. However, they are very different, in firm structure, in regulatory environment, and in the relations between private firms and government agencies. Dealing with them as competitors, customers, suppliers, or partners requires international managers to be aware of these differences and to vary their strategy accordingly. This unit compares the structure and operations of triad firms, and the ways that government agencies frame the operating environment in each region. We look first at the ways firms in each region seek competitive advantage, and how governments have supported them. We then look at a series of cases where firms have moved from their home region into another, at the ways in which they have attempted to transfer their competitive advantage, and at the reasons for their successes and failures. In addition to the specific knowledge of the habits and tendencies of Japanese, United States, and European firms, the techniques of analysis developed in this unit are applicable to a wide range of competitive situations across the global economy.

Exporting is a key international business activity, especially for small and medium-sized enterprises (SMEs). This unit covers both the theory and practice of export management. The main areas covered in the unit are: 1) preparing to export (export stimulation, export readiness and planning), 2) forming and maintaining relationships with intermediaries (including legal considerations), 3) managing risks and export finance, 4) filling export orders. The unit therefore covers both the operational and strategic challenges associated with the exporting process.

The business landscape is changing, with increasingly global business models and rapidly changing competitive environments buffeting established businesses.  Businesses that have 'survived' startup are immediately challenged to build sustainable business models that continually leverage into new markets and products. This unit centres on business- and corporate-level strategy, focussing on the development of skills and knowledge required to spark and cope with rapid business growth. Topics will include harnessing and leveraging resources and capabilities, internationalising ventures, forming alliances, mergers and acquisitions and avoiding the pitfalls of rapid growth.  You will also explore the processes involved in strategy formulation, including decision-making and design thinking.  The unit is structured around your learning from engaged practice, and requires you to work with businesses in their search for growth options and their appropriate funding.  

The purpose of this course is to help you understand the theory of negotiation as it is practiced in a variety of strategic settings. The aim is to help you feel more comfortable and confident with the negotiation process. The course is designed to be relevant to the broad spectrum of negotiation problems that are faced by managers but we use specific examples from international strategy such as M&A and joint ventures. The course will provide participants with an opportunity to develop skills experientially and to understand negotiation in useful analytic frameworks. Considerable emphasis will be placed on role-playing exercises and case studies.
Note: this unit will require your participation in a number of negotiations. Preparation for these negotiations, which are a large part of your grade, will require time-pressured reading of material in class.

Do you have an Emerging Market Strategy? This is a question that an increasingly large number of company managers, especially in the developed western world, are trying to answer. This unit of study will lay the foundations of strategy making in emerging markets, with an emphasis on four of the largest emerging markets of the world today - Brazil, Russia, India and China - often termed as the BRIC countries. Utilising frameworks from mainstream strategy and international business disciplines, this unit will analyse emerging markets from the perspective of primarily two simultaneous phenomena - multinationals from developed markets trying to tap into emerging markets, and companies from emerging markets globalising their operations and consequently changing the global competitive landscape.

This unit focuses on China's globalising business environment from an enterprise perspective by analysing the way in which enterprises are embedded in a dynamic economic, legal and political environment and the consequences that arise for enterprise management and entrepreneurship. The unit combines theoretical analysis of the interrelationship of markets, firms and institutions with detailed, practical case studies of domestic and transnational business activities. Students will be able to familiarise themselves with different types of enterprises including the local private sector, state-owned enterprises and foreign owned enterprises operating in China as well as Chinese enterprises expanding into global markets through joint ventures, strategic alliances and mergers and acquisitions.

This unit will provide students with an overall picture of the modern Chinese legal system. It will 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. It will 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. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; criminal law and procedure; constitutional law; civil law and procedure; legal profession; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law. The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics & Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics & Law. There will also be a visit to a Chinese law firm.

This unit is a comparative study of international import/export laws. It does not look in detail at Australian law. The material covered in the unit is based on the WTO multilateral agreements which the 159 WTO member countries have adopted and which bind them on the topics covered.
The unit commences with an introduction to the relevant WTO agreements underpinning international import and export laws affecting WTO members. It then provides an introduction to international import dispute mechanisms through the WTO Dispute Settlement Understanding. The Kyoto Convention is then examined to determine the key elements of a modern customs statute.
The unit also examines: Free Trade Agreements; anti-dumping duty; discriminatory taxes/laws on imports; markings and intellectual property rights on imported goods; importers' remedies against customs decisions; customs valuation and tariffs; and, customs "post entry" audits.

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 unit begins with an overview of the scope of the law relating to international transactions. The core topics are international sale of goods, carriage of goods, international payments and financing of international sales and methods of doing business in foreign markets, including through agents and distributors and international licensing transactions. Other topics may vary from year to year and may include an introduction to international tax, elementary customs law and international dispute settlement.

This unit introduces students to the preferred method of resolving international commercial disputes. It has two primary aims, being to outline key principles in the law of international commercial arbitration, and also to discuss a range of cutting-edge legal issues raised in international commercial arbitration, to nurture a sophisticated understanding of the historical development, and likely future path, of ICA systems in relation to other forms of dispute resolution in trans-border contexts. Related, secondary aims are to develop an ability to discuss or argue arbitration law issues with colleagues, and to gain familiarity with key reference materials, expertise in conducting independent research, and skills in effective legal writing in this field. The unit considers how international commercial arbitration relates to litigation and ADR, surveys some of the most important transnational and Australian "legislative" instruments, and introduces major trends. It goes on to consider in detail specific issues including the arbitration agreement; the constitution of the arbitral tribunal; applicable law issues, including consideration of the law governing the arbitration, the role of the seat, and the role of national courts; procedure in international arbitration; the jurisdiction of the arbitral tribunal; the role of arbitral institutions; the arbitral award and challenges to the award; and recognition and enforcement of the award.

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. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.

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. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.

The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2010 and the ongoing projects, the rewrite of the Australian transfer pricing legislation, and the substantial transfer pricing rulings program of the Australian Taxation Office, have together significantly increased the international and Australian materials available on the law and practice in transfer pricing. Students will gain an understanding of the policy, and detailed application of transfer pricing rules within Australia and an understanding of the international framework.

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). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

International financial markets are front page news. From GFC litigation to the sovereign debt crises, the hedge funds and rating agencies, there is no escape. This unit has a profoundly practical perspective, yet also addresses regulatory reform in an international context, and how it relates to the markets. Key pillars of the unit include lending, capital markets and the derivative markets. Within each pillar specific financial products are analysed, both from a legal and structuring perspective. We look at lending and how to negotiate a term sheet. Securitisation and covered bonds are topics of discussion in the capital market sphere. We will also look at the international reform of the derivatives market and its impact on documentation. Insight is given into credit derivatives. Investor litigation is also a prominent feature of the unit. Guest lecturers from the industry present to provide a broad perspective. Case studies and a negotiation session are included as well, making this a both challenging and exciting unit. No prior experience in the financial markets is required.

This unit introduces students to the legal systems of Southeast Asia, focusing on Indonesia and Malaysia. The unit surveys a very wide range of topical legal issues from the region - from human rights and development, environmental law, to the practice of commercial law, including Islamic banking. The unit emphasises legal pluralism - that is, the operation of different bodies of law for particular groups in those countries, colonial, national, Islamic and customary law - and compares how countries in Southeast Asia have handled it.

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system - they must grapple with and question the operation of other corporate tax systems. This unit seeks to develop an ability to understand and analyze any corporate tax system and assess its impact on corporate decision making. With a dedicated textbook (written by the presenter), it does this by comparing a number of influential and archetypal corporate tax systems (both common law and civil law) and assessing their behaviour in the context of a number of practical problems. For tax professionals, the unit develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals. Topics include: corporate entities and hybrids, groups, interface with accounting, service companies, debt vs. equity, dividend relief, cross-border issues, incorporation, takeovers, trading in loss companies, share buy-backs, liquidation, bonus issues, convertible notes, mergers and demergers.

The object of this unit is to provide an overview of the income tax system of the US with a focus on the most important legislative and treaty rules of the US in the international income tax area, especially in dealings with Australia. The unit will examine both the policies behind the US taxation of international transactions as well as the rules and principles of income tax law applicable to inbound and outbound transactions in the US.

This unit is designed to study the policy, detailed rules and practical application of Australia's international tax treaties against the background of the OECD Model Tax Convention on Income and on Capital. Upon successful completion of this unit a student should have an advanced understanding of the policies underlying the Australian tax treaty position in relation to the taxation of various kinds of income, as well as a detailed knowledge of the law applicable to interpretation of Australia's treaties. The unit includes a study of: principles of tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.

Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts, proposed new Foreign Accumulation Fund ("FAF") regime and repealed FIF rules, transfer pricing and thin capitalisation. The unit will examine both the issues of international tax rule design and policy, and the relevant provisions in the legislation, cases and rulings. The unit deals only with international tax rules in Australia's domestic law with double tax treaties covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.

This unit will explore a range of recent trends and issues in corporate governance including:- the link between corporate scandals and corporate law reform; the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers and the regulation of executive pay. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques in a range of jurisdictions, including the US, UK, Germany, China and Australia.

This unit examines recent developments granting special legal protection to consumers, from historical, comparative, policy and practical perspectives. It focuses on aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. The unit assesses the effectiveness of recent legislation in this field, comparing relevant European Community directives and related developments in the Asia-Pacific (eg Japan, New Zealand and the US). The topics to be covered are: Introduction (the 'consumer' concept and some policy factors leading to consumer protection developments); Outline of terms implied in contracts for the supply of goods and services to consumers; Judicial and legislative control of exclusion clauses; Unconscionable and unfair contracts (control under the general law and by statute); The liability of manufacturers for defective products under: the general law; statutory liability of manufacturers to consumers and strict products liability (under the Australian Consumer Law, with special reference to the similar EC directive on products liability); Product safety regulation (also with reference to the EC directive on general consumer product safety); Consumer access to redress (especially class actions).

This unit provides an introduction to public international law. Its purpose is to ensure that students have a thorough understanding of the core principles and problems of, and contemporary issues in, international law. The unit covers the following topics: nature and scope of public international law, sources of public international law, international legal personality, the law of treaties, how title to territory is acquired, state jurisdiction in international law, immunity from jurisdiction, state responsibility for international wrongs, dispute settlement, and the legality of the use of force.

This is a compulsory unit for all postgraduate students who do not hold a law degree or equivalent from a common law jurisdiction entering the: Master of Administrative Law and Policy; Master of Business Law; Master of Environmental Law; Master of Environmental Science and Law; Master of Global Law; Master of Health Law; Master of International Business and Law; Master of Labour Law and Relations; Master of Law & International Development as well as Graduate Diplomas offered in these programs. 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. Instruction will cover the legislative process; the judiciary and specialist tribunals; precedent; court hierarchies; legal reasoning; constitutional law; administrative law; contracts; and torts. Some elements of the unit will be tailored in accordance with the requirements of the particular specialist programs.

The unit, taught by two experienced commercial litigators (Andrew Bell SC of the Sydney Bar and Don Robertson of Herbert Smith Freehills), will focus on commercial disputes with a transnational dimension and explore both the law and strategic considerations involved in jockeying for forum: why it can matter, how it is done and how it can be resisted. This will involve a consideration of the jurisdictional rules for bringing proceedings in Australia against foreign defendants; the law relating to obtaining temporary and permanent stays of proceedings both on forum non conveniens grounds and by reference to exclusive jurisdiction and arbitration agreements; the role of anti-suit injunctions and negative declarations and some consideration of the enforcement of foreign judgments. Ancillary practical issues of great importance which are also considered include incoming and outgoing letters of request, the taking of evidence by video link, the role and proof of foreign law, foreign state immunity and provisional measures such as transnational freezing orders. The unit has a strong practical bent and is particularly designed for those engaged or wanting to become engaged in commercial litigation and arbitration with a transnational dimension.

The objectives of this unit are: understand the history, structure and operation of US corporate law and corporate governance; to examine the common law, statutory provisions; and to explore the tension between state and federal law, including recent regulatory developments under the Sarbanes-Oxley Act 2002 and the Dodd-Frank Act 2010. Specific issues discussed in the course include the "race to the bottom" vs "race to the top" hypotheses; the US approach to veil-piercing; the governance role of shareholders under US law; directors' duties, including the duty of care and the duty of loyalty; the operation of the business judgment rule; derivative litigation; the law relating to closely held corporations; judicial review of tender offer defences.

This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law, regulation of financial institutions and Chinese investment overseas.

This unit covers the legal system of the People's Republic of China. It will address Chinese legal history and tradition and the development of modern Chinese law, and will look at the Chinese court system and dispute resolution, constitutional law and the judicial system, the civil and criminal systems and other specific areas such as land law, labour law and intellectual property. Practical aspects of the implementation of a legal system in China and attitudes towards the rule of law will also be considered. The assessment will address Chinese law or a comparative analysis of Chinese law and the legal systems of one or more other countries.

This unit provides an introduction to Japanese law in global context, focusing on its interaction with civil justice, criminal justice, business, politics, gender, and the legal professions. It is taught intensively at Ritsumeikan University campuses in Kyoto and Tokyo (http://www.ritsumei.ac.jp/japanese-law/kyoto-seminar/). Students are encouraged to take all classes taught in Kyoto (24 hours), but can also substitute up to 12 hours of classes taught in Tokyo (with more of a business law focus) subject to pre-approval by the Coordinator. Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, Bond and Adelaide), with guest lectures by prominent practitioners and a field study to a local bar association and/or the courts. Students will also interact with participants from Japanese, Australian and other universities or institutions taking this unit, supported by the Australian Network for Japanese Law (sydney.edu.au/law/anjel).

The object of the unit is to broaden your existing knowledge of the international coverage of Australian Goods and Services Tax (GST) and to develop an understanding of the policies, detailed rules, and current practical problems involved in applying GST to cross-border transactions. The unit will consider the jurisdictional coverage of Australian GST, analysing in detail the complex issues that can arise in determining how GST applies to cross-border transactions. The unit will commence with an outline of the principles governing jurisdictional coverage: the destination principle and origin principles, and the use of proxies for determining the place of taxation. The unit will include a strong comparative element, situating the Australian rules within the framework of value added taxes around the world, and will explain where the Australian model differs from both the European and New Zealand models for determining the place of taxation. Topics covered will include: the 'connected with Australia' rules, considered separately for goods, real property, and 'things other than goods or real property'; the importation of goods and the interaction between the importation rules and the connected with Australia rules; the GST-free treatment of exports of goods and exports of 'things other than goods or real property'; the treatment of international travel, 'arranging for' services in relation to various GST-free supplies, and international mail; telecommunications supplies (both incoming and outgoing), including issues relating to phone cards, mobile roaming, inter-carrier charges, and the problems raised by the increasing use of VOIP; and the operation of the reverse charge provisions.

The unit is designed to complement the separate (though non-requisite) unit, LAWS6849 Commercial Maritime Law, which is focused upon the commercial use of the ship, carriage by sea and the shipping industry. This unit, LAWS6900 Comparative Admiralty and Maritime Law, is designed to provide a thorough foundation of comparative knowledge of Admiralty practice in the major trading jurisdictions, of marine insurance in all its forms and dispute resolution and conflict of laws in relation to maritime disputes. Though Commercial Maritime Law is not a pre-requisite, the two units (which will be taught in alternative years) together provide a comprehensive foundation in commercial maritime law and practice.

This unit of study examines the tax treatment of a range of current financial instruments, from the perspective of both the investor and issuer. The focus of the unit is on retail products currently offered in the domestic market to households and superannuation funds, and includes an introduction to the taxation issues from financial engineering. The instruments will change each year but will include a variety of: debt-based products such as loan products with offset accounts and re-draw facilities, index-linked bonds, margin loans, capital protected borrowings and reverse mortgages; equity-based assets such as deferred purchase agreements and instalment warrants; market-based investments such as contracts for difference and exchange-traded futures; and insurance products such as purchased annuities and various forms of life assurance.

This unit introduces students to the international regulation of foreign investment. It examines core principles of international investment law, regional and bilateral investment treaties, the settlement of investment disputes, and the international economic and political context in which the law has developed. The unit considers the origins and evolution of international investment law through to the recent formation of the current international legal framework for foreign investment through bilateral and regional investment treaties. It examines the substantive principles contained within investment treaties and recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment arbitration under the auspices of the International Center for the Settlement of Investment Disputes (ICSID) and the UNCITRAL Rules. This unit also considers the increased focus on investor responsibility in relation to environmental protection, human rights, development issues, and labour standards. As such, it examines the collapse of the negotiations for the Multilateral Agreement on Investment, corporate social and environmental responsibility, calls for an international regulatory framework to govern the conduct of multinational corporations, and new proposals for an International Agreement on Investment for Sustainable Development.

This unit provides a critical overview to law and justice reform in international development. It analyses the global reform experience over the past half-century. It interrogates the nature and justification(s) of reform 'theory', studies the empirical evidence of various approaches, and examines the conceptual/practical challenges of evaluating development endeavour, using case studies from the Asia/Pacific region. Students enrolling in this unit will develop an evidence-based understanding of the use of law and justice reform in broader development strategies.

The aim of this unit is to provide students with a broad overview of the key legal issues commonly faced when investing and doing business in Asia. This unit covers areas of commercial law across Asia with primary emphasis on Japan, Indonesia, Malaysia, China and possibly India, including case studies. It covers foreign investment regulation; laws related to foreign investment; contract and/or competition law; labour law; corporate governance; intellectual property; Islamic law and finance (where relevant); corruption; WTO and FTA compliance; dispute resolution; and key issues in modern comparative law which may assist students in their study of `foreign' legal systems.

The unit is a review of the world's minerals-development regimes and the contracts that international investors use to implement them. The unit begins by reviewing the fiscal arrangements that nations use to obtain exploration and development, including licenses, production sharing contracts, joint ventures, and service contracts. It then focuses on the contracts that international investors use to share risks and rewards, including confidentiality agreements, study and bidding agreements, operating agreements, farm out agreements, lifting agreements and gas sales contracts. Other issues that may be covered include joint development agreements, taxation issues, corruption and indemnification.

This unit aims to introduce students to key concepts at the heart of capital market regulation focusing on practices that threaten the integrity of global securities markets. The unit focuses 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. The topics addressed will include: market manipulation, insider trading, non-disclosure and fraud-on-the-market, penalties, regulation of hedge funds and developments in emerging markets.

This unit of study considers a number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade. Topics covered include a selection of: OECD and UN policy development processes, the new Article 7, business restructures and intangibles, high value services, expatriates, superannuation and pensions, entities (companies, partnerships, trusts and collective investment vehicles), beneficial ownership, triangular cases, conflicts of qualification, non-discrimination, tax avoidance and treaties, base erosion and profit shifting, dispute resolution and international administrative cooperation.

Asset protection is concerned with the preservation and transmission of property of individuals, families or corporations. It has the broad purpose of minimising legal, business and political risks, by safeguarding assets from seizure, loss and diminution in value. It is concerned with the protection of assets from potential creditors, government expropriation, excessive taxation and catastrophic loss. It is a vital component of tax advice, wealth management and financial planning.
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.

This unit's objectives are to identify and analyse key legal concepts that impact on the operation of financial markets.
The content includes an introductory examination of how contractual and other relationships underlie financial transactions; how financial assets (including financial instruments) are created, traded and used as security; how corporate and trust structures are used by market participants as financing vehicles; and how financial transactions may be challenged in an insolvency.

This unit examines the pervasive phenomenon of tax avoidance, and the design (and effectiveness) of common judicial and legislative responses to it. The unit starts by deconstructing typical examples of avoidance to elicit the common design features of avoidance practices. We will also examine the inter-relationship between the process of statutory interpretation and the opportunities for avoidance. A particular focus of the unit will be on the scope and operation of Australia's general anti-avoidance rule (Part IVA), but the unit will also consider the various judicial anti-avoidance doctrines and some of the specific anti-avoidance rules found in Australia's tax legislation. The unit will also consider the kinds of approaches to tax avoidance and the anti-avoidance regimes employed in other countries. Finally, the unit will examine some of the procedural regimes used to curb the offering of tax avoidance products to taxpayers.

This unit of study focuses on some of the most important issues of European Economic Law and examines primary law elements of the European economic system of an "open market economy with free competition". It gives an in depth introduction to the European economic integration, the internal market and economic fundamental rights. After an overview over EU competition law the unit continues with European state aid and public procurement law. This includes the study of the relevant procedures before the EU Commission as well as problems of judicial review. Throughout the entire unit the interrelations with WTO Law conditions - esp. the WTO Agreement on subsidies and countervailing measures and the WTO Agreement on Government Procurement - are paid attention to. The class concludes with a discussion of the external economic relations of the European Union. The lecture is based on the most relevant and current case law of the European Court of Justice. Active participation of all participants is expected, preparatory reading of provided excerpts from textbooks, law journal articles and ECJ cases is necessary.

The objective of the unit is to provide an understanding of the modern economics approach to the analysis of tax policy. The unit defines the role of taxation within the framework of welfare economics and examines the social and economic effects of reforms drawing on available empirical evidence. 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. Topics covered include: taxation of labour income, consumption and capital income, family income taxation, alternative approaches to the taxation of emission, and the taxation of resource rents.

This introductory unit provides an overview of commercial law, focusing on the broad but fundamental concept of commercial dealings. Areas for analysis include sources and function of commercial law; the legal basis of dealings in contract and property law; dealings by principals and agents; dealings in tangible goods through leasing and sale; dealings in intangibles such as receivables through assignment; sources and methods of financing dealings; protecting dealings through insurance; regulating dealings through statute and common law restraints; and discharging dealings through a range of common payment methods and instruments.

Learn how contracts operate as risk management tools by examining the legal principles arising in the formation, construction and discharge of contracts. This unit will provide students with an understanding of remedies available for breach of contract and factors that may vitiate a contract. The unit prepares students for a range of units** across postgraduate programs in commercial law, corporate, securities and finance law and international business law where a basic understanding of contractual law principles is valuable. Unit content includes: contract as a risk management device; formation of contracts: agreement, consideration, intention to create legal relations, certainty, privity, formalities; construction principles: contractual parties, contractual terms (express and implied), classifying terms, principles of interpretation; estoppel; vitiating factors: misrepresentation, misleading and deceptive conduct, unconscionable conduct, mistake, duress; discharge: performance, breach, termination and frustration; remedies: key statutory and common law remedies.
** excluding the following advanced contract law units available to law graduates only: LAWS6809 Breach of Contract, LAWS6872 Contract Negotiation, LAWS6851 Construction Law, LAWS6915 Current Issues in Defamation Law, LAWS6954 Financial Risk Allocation in Equity, LAWS6903 Interpreting Commercial Contracts, LAWS6969 Principles of Patent Law, LAWS6919 Problems in Contract Formation and units as listed in the Faculty Handbook.

This unit is for law graduates and students for the JD degree who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices of overseas securities and corporate laws in cross-border transactions and focuses on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal.
The lecturer was for over 30 years a merger & acquisition and securities lawyer in the US (resident for several years in Australia) and a significant portion of the class will cover US laws and practices on cross-border deals. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government, proceed to a practical discussion of the process of offering securities in the US and how it can affect non-US offerings, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M&A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed.
The remainder of the class will focus on deal regulation of other jurisdictions (including the UK, China and other European and Asian regulations) of international transactions. Practical consequences of the regulatory requirements of these jurisdictions will be discussed, particularly as they relate to M&A, as well as certain subjects that have worldwide applicability (such as due diligence to determine possible corruption, vendor due diligence and directors' duties).
The unit will by a series of lectures, guest lectures and panel discussions. For example, when we discuss due diligence, it is anticipated that a pair of US and Australian practising securities lawyers will join the class to engage in a mock negotiation on how to conduct due diligence to satisfy very different legal standards in the two jurisdictions.
The purpose of the unit is to assist Australian and other non-US lawyers in (a) identifying potential cross-border issues and (b) being creative in solving the challenges that arise in international securities transactions.

The International Business Project is completed at the end of the Master of International Business program or International Business specialisation within the Master of Commerce. Students will engage in a real life miniconsulting project where they will work on a project brief provided by participating companies and designed in consultation with academic staff. Students will work in small groups of approximately three to five students, and supervised by an academic member of staff. Project work is expected to be completed over a cumulative twelve-week period, and will aim primarily at defining and solving problems related to the relevant international dimensions of the participating company's operations. Projects may be with companies based in Australia or overseas. Overseas projects may include an international study tour that the Discipline may organize from time to time. While most projects will be sourced and organized by the Discipline of International Business, under exceptional circumstances, the Unit Coordinators and / or the Program Director
may also allow students to work on their own projects. On completion of the project, students will be expected to demonstrate that they have achieved the program learning goals.