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Unit outline_

LAWS6329: Asian Corporate Governance

Semester 1a, 2023 [Block mode] - Remote

This unit considers the development and operation of corporate governance principles and laws in several Asian jurisdictions, including China, Hong Kong, Japan, Singapore and Taiwan. The unit will explore the operation of corporate governance principles in these jurisdictions through an examination of significant 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; the business judgment rule; shareholder empowerment and investor activism. The unit will examine these issues from a comparative law perspective, analysing fundamental differences in corporate governance structure and techniques across several jurisdictions.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jason Harris, jason.harris@sydney.edu.au
Type Description Weight Due Length
Participation Class participation
Students will be on-call for one class
10% Ongoing Equivalent to 1,000 words
Outcomes assessed: LO1 LO3 LO2
Presentation Presentation
Students will present on a topic from a list on Canvas
10% Ongoing 10min presentation/equiv to 1,000 words
Outcomes assessed: LO1 LO3 LO2
Assignment Research essay
Students will write a research essay on an approved topic
80% Week 13
Due date: 26 May 2023 at 18:00

Closing date: 09 Jun 2023
6,000 words / 12 weeks
Outcomes assessed: LO1 LO2 LO3

Assessment summary

Class participation (10%): Students are expected to make a contribution to class discussions on a regular basis. Contributions should demonstrate familiarity with the reading material and consideration of the legal and policy issues involved in the material to be discussed in each class. 

This task will achieve Learning Outcome 1 by requiring student contributions to class discussion to demonstrate a critical evaluation and synthesis of the similarities and differences between the corporate governance regimes discussed in the unit. The task will achieve Learning Outcome 2 by requiring student class contributions to identify and give accurate advice on relevant corporate governance issues that commonly arise in jurisdictions discussed in the unit. The task will achieve Learning Outcome 3 by requiring student contributions in class to demonstrate a high level of understanding of the role of different stakeholders in corporate governance regimes in the jurisdictions discussed in the unit. 

The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

Class presentation (10%): Students will undertake a short 10 minute presentation on a topic provided by the lecturer. The presentation should include powerpoint slides. 

This task will achieve Learning Outcome 1 by requiring the presentation to demonstrate a critical evaluation and synthesis of the similarities and differences between the corporate governance regimes discussed in the unit as relevant to the presentation topic. The task will achieve Learning Outcome 2 by requiring the presentation to identify and comment on relevant corporate governance issues that commonly arise in the jurisdictions discussed in the unit as relevant to the presentation. The task will achieve Learning Outcome 3 by requiring the presentation to demonstrate a high level of understanding of the role of different stakeholders in corporate governance regimes in the jurisdictions discussed in the unit as relevant to the presentation topic. 

The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

Research essay (80%): Students will select a research topic from a list of suggested topics provided by the Lecturer in class 2 and is due on Friday 26 May at 6pm (Sydney, Australia time). Students may choose their own topic with prior written permission of the Lecturer. The maximum word limit is 6,000 words (including footnotes)

This task will achieve Learning Outcome 1 by requiring essays to demonstrate a critical evaluation and synthesis of the similarities and differences between the corporate governance regimes discussed in the unit as relevant for the topic chosen. The task will achieve Learning Outcome 2 by requiring essays to identify and give accurate advice on relevant corporate governance issues that commonly arise in jurisdictions discussed in the unit as relevant to the topic chosen. The task will achieve Learning Outcome 3 by requiring essays to demonstrate a high level of understanding of the role of different stakeholders in corporate governance regimes in the jurisdictions discussed in the unit as relevant to the topic chosen. 

The outcome of a grant of special consideration application may include an alternative task, at the discretion of the Unit Coordinator. 

Word limit penalty
A piece of assessment which exceeds the prescribed word limit will not be marked beyond the maximum word limit. The total word count for the essay will include all footnotes. No bibliography is required.

Use of editors or proof-readers
The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). 

Assessment requirement to pass a unit of study
A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing Class 1 (28.2.23): Corporate governance principles Seminar (2 hr) LO1 LO2 LO3
Class 2 (2.3.23): CSR and ESG Seminar (2 hr) LO1 LO2 LO3
Class 3 (7.3.23): Corporate Structures Seminar (2 hr) LO1 LO2 LO3
Class 4 (9.3.23): Corporate Capital Seminar (2 hr) LO1 LO2 LO3
Class 5 (14.3.23): Board of Directors Seminar (2 hr) LO1 LO2 LO3
Class 6 (16.3.23): Directors’ Duties Seminar (2 hr) LO1 LO2 LO3
Class 7 (21.3.23): Directors’ Duties Seminar (2 hr) LO1 LO2 LO3
Class 8 (23.3.23): Independent Directors Seminar (2 hr) LO1 LO2 LO3
Class 9 (28.3.23): Company Secretaries Seminar (2 hr) LO1 LO2 LO3
Class 10 (30.3.23): Class presentations Seminar (2 hr) LO1 LO2 LO3
Class 11 (4.4.23): Class Presentations Seminar (2 hr) LO1 LO2 LO3
Class 12 (6.4.23): Shareholder Protections Seminar (2 hr) LO1 LO2 LO3

Attendance and class requirements

Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Reading materials will be provided on Canvas

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. critically evaluate and synthesize the similarities and differences between the corporate governance regimes discussed in the unit
  • LO2. identify and give accurate advice on relevant corporate governance issues that commonly arise in jurisdictions discussed in the unit
  • LO3. demonstrate a high level of understanding of the role of different stakeholders in corporate governance regimes in the jurisdictions discussed in the unit

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Revived unit for 2023.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.