International Business & Law
This section outlines the International Business and Law postgraduate coursework programs offered by the University of Sydney Business School. The available course is as follows:
Master of International Business and Law
Overview of the degree
Course code
|
CRICOS code
|
Course abbreviation
|
---|
FC048
|
045783C
|
MIntBus&L
|
In an age of globalisation, issues relating to international business and law are of great importance to managers and business professionals around the world. The Master of International Business and Law is a unique program that draws together the interdisciplinary strengths of the University of Sydney Business School and the Sydney Law School.
Units of study offered in this course are accessible to students without legal or business backgrounds, making it an ideal entry path for those seeking to broaden their career into fields such as international trade and taxation law.
Credit points required for completion and duration
Credit points
|
Duration (minimum)
|
---|
48
|
1 year full-time
|
2 years part-time
|
Degree structure and progression
Degree requirments
To be awarded the Master of International Business and Law, students complete eight units of study (48 credit points), comprising:
- two international business core units of study (12 credit points)
- two international business elective units of study (12 credit points)
- two law core units of study (12 credit points)
- 12 credit points (up to two units) in elective law units of study.
International Business core units of study
Students complete two units (12 credit points) selected from the following options:
- IBUS6001 International Business Strategy
- IBUS6002 Cross-Cultural Management
- IBUS6003 Managing International Risk
- IBUS6004 International Business Alliances
International Business elective units of study
Students complete two units (12 credit points) selected from the following options:
- CISS6003 Business and Security
- CISS6007 Terrorism in the Asia-Pacific Region
- CISS6013 Middle East Conflict and Security
- IBUS5001 Strategy, Innovation and Global Business
- IBUS6005 Ethical International Business Decisions
- IBUS6006 Comparative International Management
- IBUS6007 International Business Special Project
- IBUS6008 Export Management
- IBUS6011 New Business Opportunities and Startups
- IBUS6012 Business Growth and Innovation
- IBUS6013 Business Restructuring and Renewal
- IBUS6014 Intellectual Property Management
- TPTM6130 Transport and Logistics Management
- TPTM6260 International Logistics
- TPTM6440 International Freight Transportation
- WORK6018 International Industrial Relations
- WORK6108 International Dimensions of HRM
- WORK6119 The Innovative Firm
- WORK6121 Founders of Enterprise *
Units of study marked with an "*" are not offered for 2011.
Note: Students may also select as electives any of the 'IBUS' units of study listed under 'International Business core units of study' that have not already been chosen as a core unit for this degree.
Law core units of study
Students complete two compulsory Law units for this program as follows:
- LAWS6059 International Business Law
- LAWS6252 Legal Reasoning and the Common Law System *
* All students without a common law background must enrol in LAWS6252 in their first semester of enrolment. This unit is the prerequisite for all elective 'LAWS' units of study in this program. Students therefore MUST have completed this unit prior to undertaking other 'LAWS' units of study.
Please Note: In order to develop an understanding of what is involved in studying law and the standards that the Sydney Law School expects from its students, all international students are required to attend a compulsory one-week bridging program prior to the official semester commencement. For further details, including intensive session offering, contact the Sydney Law School (sydney.edu.au/law)
Elective Law units of study
Students complete 12 credit points worth of units selected from the following options:
- LAWS6001 Chinese Laws and the Chinese Legal System (12 credit points)
- LAWS6037 International Import/Export Law
- LAWS6060 International Commercial Arbitration
- LAWS6063 World Trade Organization Law I
- LAWS6091 Chinese International Taxation
- LAWS6109 UK International Taxation
- LAWS6123 Transfer Pricing in International Tax
- LAWS6128 Comparative International Taxation
- LAWS6153 Comparative Corporate Taxation
- LAWS6170 Comparative Income Taxation
- LAWS6177 Tax Treaties
- LAWS6207 The Legal System of the European Union
- LAWS6209 Australian International Taxation
- LAWS6222 Comparative Corporate Governance
- LAWS6243 International Law
- LAWS6261 International Protection of Intellectual Property
- LAWS6814 Comparative Value Added Tax
- LAWS6820 Trade, Investment and the Environment
- LAWS6824 Commercial Conflict of Laws
- LAWS6844 US Corporate Law
- LAWS6849 Commercial Maritime Law
- LAWS6852 Doing Business in China
- LAWS6879 Japanese Law
- LAWS6891 GST International Issues
- LAWS6901 Japanese Law and the Economy
- LAWS6905 Aspects of European Union Commercial Law
- LAWS6906 Comparative Taxation of Financial Transactions
- LAWS6911 International Derivatives Law and Practice
- LAWS6916 International Investment Law
- LAWS6928 Law, Justice and Development
- LAWS6932 Law and Investment in Asia
- LAWS6933 Global Oil and Gas Contracts and Issues
- LAWS6936 Carbon Trading, Derivatives and Taxation
- LAWS6944 Manipulation and Abuse in Global Securities Markets
- LAWS6945 Doing Business in Emerging Markets
- LAWS6946 Tax Treaties Special Issues
- LAWS6948 Private International Law
- LAWS6955 Key Legal Concepts in Finance Law
- LAWS6965 Tax Avoidance and Anti-Avoidance
- LAWS6972 International Securities Regulation
- LAWS6975 Islamic Trade and Finance Law
- LAWS6977 Law of International Institutions
- LAWS6982 Law of Economic Integration in the EU
- LAWS6987 Introduction to Commercial Law
Progression guide
The following table illustrates a degree progression example for a student enrolled in the Master of International Business and Law on a full-time basis undertaking four units of study (24 credit points) per semester.
Note:In this example, 'IB' refers to International Business units of study and LAW units from the Law School and 'Sem' is an abbreviation for 'Semester'.
Year
|
Sem
|
Units of study
|
---|
1
|
1
|
IB core
|
IB elective
|
IB elective
|
LAWS6252 Legal Reasoning and the Common Law System*
|
2
|
IB core
|
LAWS elective |
LAWS elective
|
LAWS6059 International Business Law
|
* The unit LAWS6252 is offered as an intensive block mode during the first week of each semester.
Please Note: The information listed in this example is based on the unit of study offerings for 2011 and is intended as a guide only. Students are usually able to complete the units of study for their course in different sequences to that which is listed above (including enrolling in units in Summer or Winter School sessions when available). Students are advised to plan their course based upon their individual needs and to contact the facultys Student Information Office if they need any assistance in planning their progression in their degree.
Units of study for the Master of International Business and Law
General information relating to unit of study offerings
The unit of study information listed is for 2011 and was correct at the time of printing of this handbook.
The Business School website (sydney.edu.au/business/pgunits) contains the most up to date information on unit of study availability or other requirements. Timetabling information for 2011 is also available on the faculty website ( sydney.edu.au/business/timetable). Students should note that units of study are run subject to demand.
Most units of study will be offered in standard semesters (either Semester 1 or Semester 2). Some units are also offered in intensive mode. The intensive sessions are explained in the following table.
Key to intensive unit of study offering sessions
Session code
|
Description of how the unit will be offered |
---|
1a (7)
|
the unit of study will run intensively in the first half of Semester 1
|
1b (8)
|
the unit of study will run intensively in the second half of Semester 1
|
2a (9)
|
the unit of study will run intensively in the first half of Semester 2
|
2b (10)
|
the unit of study will run intensively in the second half of Semester 2
|
S1 Intensive (6) |
the unit of study will run intensively in Semester 1 (non-standard start/end dates) |
S1 Late Intensive: S1 Late Int (61), S1 Late IntA (63), S1 Late IntB (64) and S1 Late IntC (65)
|
the unit of study will run intensively in Semester 1 (non-standard late start/end dates)
|
S2 Intensive (5) |
the unit of study will run intensively in Semester 2 (non-standard dates) |
S2 Intensive: S1 Late Int (51), S1 Late Ib (52), S1 Late IntA (53) and S1 Late IntB (54)
|
the unit of study will run intensively in Semester 2 (non-standard late start/end dates)
|
Summer School: Summer Early (42), Summer Main (43), and Summer Late (44)
|
the unit of study will be offered intensively in the Summer School session
|
Winter School: Winter Main (11)
|
the unit of study will be offered intensively in the Winter School session
|
Intensive sessions were introduced to cater for units of study that are delivered in non-standard ways. Sessions 6 and 5 have census dates that correspond to sessions 1 and 2 respectively. Sessions 61, 63, 64, 65, 51, 52, 53 and 54 are in the same half years as 6 and 5 but have census dates later in the year.
The units of study available for 2011 for this program is detailed under:
- Table of postgraduate units of study: Master of International Business and Law
- Postgraduate unit of study descriptions: Master of International Business and Law
1. Table of postgraduate units of study: Master of International Business and Law
Unit of study |
Credit points |
A: Assumed knowledge P: Prerequisites C: Corequisites N: Prohibition |
Session |
---|
Core units of study
|
International Business
|
For the award of the degree, 12 credit points in international business core units must be completed. |
IBUS6001 International Business Strategy |
6 |
|
Semester 1 Semester 2 Summer Late
|
IBUS6002 Cross-Cultural Management |
6 |
|
Semester 1 Semester 2 Summer Main
|
IBUS6003 Managing International Risk |
6 |
|
Semester 1
|
IBUS6004 International Business Alliances |
6 |
C IBUS6001
|
Semester 2
|
Law
|
For the award of the degree, 12 credit points in law core units must be completed. |
LAWS6059 International Business Law |
6 |
A LAWS6252 or law degree from a common or civil law jurisdiction
Compulsory for MIntBus&L students
|
S1 Intensive Semester 2
|
LAWS6252 Legal Reasoning & the Common Law System |
6 |
N LAWS6881
International students who are required to enrol in this unit must undertake classes during the first week of their study. Health Law and Public Health students should enrol in LAWS6881 Introduction to Law for Health Professionals in lieu of LAWS6252, if available.
|
Int Sept S1 Late IntA S1 Late IntB S2 Late IntA
|
Elective units of study
|
International Business
|
For the award of the degree, 12 credit points in international business elective units must be completed. |
CISS6003 Business and Security |
6 |
|
Semester 1a
|
CISS6007 Terrorism in the Asia-Pacific Region |
6 |
Note: Department permission required for enrolmentin the following sessions:S2 Intensive,
|
S2 Intensive Winter Main
|
CISS6013 Middle East Conflict and Security |
6 |
N GOVT6154
|
Semester 1
|
IBUS5001 Strategy, Innovation and Global Business |
6 |
|
Semester 1 Semester 2
|
IBUS6005 Ethical International Business Decisions |
6 |
|
Semester 1
|
IBUS6006 Comparative International Management |
6 |
|
Semester 2
|
IBUS6007 International Business Special Project |
6 |
P IBUS6001 and IBUS6002 with a credit average and must have received permission to enrol from the Chair, Discipline of International Business.
Note: Department permission required for enrolment
|
Semester 1 Semester 2
|
IBUS6008 Export Management |
6 |
P IBUS6001
|
Semester 2
|
IBUS6011 New Business Opportunities and Startups |
6 |
N WORK6112, IBUS5011
|
Semester 1
|
IBUS6012 Business Growth and Innovation |
6 |
|
Semester 2
|
IBUS6013 Business Restructuring and Renewal |
6 |
|
Semester 2
|
IBUS6014 Intellectual Property Management |
6 |
|
Semester 1
|
IBUS6018 Business Negotiations |
6 |
Note: Department permission required for enrolment
|
Semester 1
|
TPTM6130 Transport and Logistics Management |
6 |
|
Semester 1
|
TPTM6260 International Logistics |
6 |
|
Semester 1 Semester 2
|
TPTM6440 International Freight Transportation |
6 |
A Work experience in or familiarity with the airline, airfreight, express or shipping business, as well as an understanding of international trade and economics helpful.
|
Summer Main
|
WORK6018 International Industrial Relations |
6 |
|
Semester 1 Winter Main
|
WORK6108 International Dimensions of HRM |
6 |
|
Semester 1a
|
WORK6119 The Innovative Firm |
6 |
|
Semester 1
|
Law
|
For the award of the degree, a minimum of 12 credit points in law elective units must be completed. |
LAWS6001 Chinese Laws and Chinese Legal Systems |
12 |
A LAWS6252 or law degree from a common or civil law jurisdiction N LAWS6857, LAWS3014 and students who have completed a law degree in the People's Republic of China
Note: Department permission required for enrolment Students must register their attendance before enrolling. To register, please visit the Shanghai Winter School website http://sydney.edu.au/law/cstudent/shanghai/ Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
|
S2 Late Ib
|
LAWS6037 International Import/Export Laws |
6 |
This unit replaced LAWS6037 Customs Law
|
Semester 1
|
LAWS6060 International Commercial Arbitration |
6 |
|
Semester 2
|
LAWS6063 World Trade Organization Law I |
6 |
A limited knowledge of law of treaties
This unit replaced LAWS6063 International Trade Regulation
|
S1 Late IntB
|
LAWS6091 Chinese International Taxation |
6 |
|
S2 Intensive
|
LAWS6109 UK International Taxation |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 or LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
S1 Late Int
|
LAWS6123 Transfer Pricing in International Tax |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 or LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
Int Sept
|
LAWS6128 Comparative International Taxation |
6 |
compulsory for MIntTax students
|
S1 Late IntA
|
LAWS6153 Comparative Corporate Taxation |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 or LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
S2 Late IntB
|
LAWS6170 Comparative Income Taxation |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 or LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
S2 Late IntA
|
LAWS6177 Tax Treaties |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
S1 Late IntB
|
LAWS6207 The Legal System of the European Union |
6 |
N LAWS6819
Note: Department permission required for enrolment
|
Int July
|
LAWS6209 Australian International Taxation |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6128 or LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
Semester 1
|
LAWS6222 Comparative Corporate Governance |
6 |
|
S1 Late Int
|
LAWS6243 International Law I |
6 |
Compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and pre-requisite for other law units. This unit replaced LAWS6243 Public International Law.
|
S1 Intensive Semester 2
|
LAWS6261 Int Protection of Intellectual Property |
6 |
|
S1 Late IntB
|
LAWS6814 Comparative Value Added Tax |
6 |
|
S1 Late IntB
|
LAWS6824 Commercial Conflict of Laws |
6 |
A undergraduate law degree N LAWS6884
Note: Department permission required for enrolment This unit replaced LAWS6824 Transnational Commercial Litigation and has a restricted class size.
|
Int July
|
LAWS6844 US Corporate Law |
6 |
A LAWS6810 or background in Australian corporate law
|
S1 Late IntB
|
LAWS6849 Commercial Maritime Law |
6 |
N LAWS6137
|
Semester 2
|
LAWS6852 Doing Business in China |
6 |
A LAWS6252 or law degree from a common or civil law jurisdiction
|
S2 Intensive
|
LAWS6879 Japanese Law |
6 |
Note: Department permission required for enrolment For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
|
Int February
|
LAWS6891 GST - International Issues |
6 |
A This unit complements and further develops the understanding of international issues relating to GST, developed in either LAWS6214 or LAWS6814 P LAWS6214 or LAWS6814
|
S2 Late IntB
|
LAWS6901 Japanese Law and the Economy |
6 |
A undergraduate degree in law, business or Japanese studies
Note: Department permission required for enrolment For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
|
Int February
|
LAWS6905 Aspects of European Union Commercial Law |
6 |
|
Int July
|
LAWS6906 Taxation of Financial Products |
6 |
This unit replaced LAWS6906 Comparative Taxation of Financial Transactions.
|
S2 Intensive
|
LAWS6911 International Derivatives Law & Practice |
6 |
A LAWS6252 or law degree from a common law jurisdiction and LAWS6810 or equivalent unit or comparable experience in practice
|
S1 Intensive
|
LAWS6916 International Investment Law |
6 |
|
S2 Intensive
|
LAWS6928 Law, Justice and Development |
6 |
This unit replaced LAWS6928 Law & Economic Development
|
S2 Late IntB
|
LAWS6932 Law and Investment in Asia |
6 |
|
S1 Late IntC
|
LAWS6933 Global Oil and Gas Contracts and Issues |
6 |
Note: Department permission required for enrolmentin the following sessions:Int May, This unit replaced LAWS6933 International Petroleum Transactions
|
Int May S1 Late IntC
|
LAWS6936 Carbon Trading, Derivatives and Taxation |
6 |
|
S2 Late IntB
|
LAWS6944 Manipulation & Abuse: Global Secur Mkts |
6 |
|
S2 Late IntA
|
LAWS6945 Doing Business in Emerging Markets |
6 |
|
S1 Late IntC
|
LAWS6946 Tax Treaties Special Issues |
6 |
Note: Department permission required for enrolmentin the following sessions:S1 Late Int,
|
S1 Late Int S2 Late IntB
|
LAWS6948 Private International Law |
6 |
N LAWS3015, LAWS3457
|
S1 Late IntC
|
LAWS6955 Key Legal Concepts in Finance Law |
6 |
A undergraduate law degree, completed legal studies as part of a business or commerce degree or LAWS6252 Legal Reasoning and the Common Law System
|
S2 Intensive Semester 1
|
LAWS6965 Tax Avoidance and Anti-Avoidance |
6 |
A Students who are not working in the tax area and have not taken an undergraduate/postgraduate income tax unit in Australia in the past five years must undertake LAWS6825 before enrolling in this unit. If in doubt, please consult the Taxation Program Coordinator.
|
S1 Late IntC
|
LAWS6972 International Securities Regulation |
6 |
|
Int November
|
LAWS6975 Islamic Trade and Finance Law |
6 |
|
S1 Late IntB
|
LAWS6977 Law of International Institutions |
6 |
A LAWS6243 International Law I or equivalent unit in public international law N GOVT6116
|
Int February
|
LAWS6982 Law of Economic Integration in the EU |
6 |
A basic understanding of EU Law
|
S1 Intensive
|
LAWS6987 Introduction to Commercial Law |
6 |
|
Semester 2
|
International Exchange Program units of study
|
This units are only available to students participating in the International Exchange Program. |
ECOF6106 International Exchange Program |
6 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6206 International Exchange Program |
6 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6112 International Exchange Program |
12 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6212 International Exchange Program |
12 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6118 International Exchange Program |
18 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6218 International Exchange Program |
18 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6124 International Exchange Program |
24 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
ECOF6224 International Exchange Program |
24 |
Note: Department permission required for enrolment
|
S1 Late Int S2 Late Int
|
2. Postgraduate unit of study descriptions: Master of International Business and Law
Please Note. These unit of study descriptions are listed alphanumerically by unit code.
CISS6003 Business and Security
Credit points: 6 Session: Semester 1a Classes: Intensive: 6 days 9am - 5pm. Refer to timetable for details Assessment: Essays (50%); PowerPoint briefing (25%); Take home assignment (25%)
This unit examines the importance of security in business through assessing contemporary security challenges and what 'security' comprises in a business context. Topics include: fraud and corruption, cybercrime, industrial espionage, corporate liability, business and organised crime links, preparedness for terrorism, business continuity during infectious disease outbreaks, the international arms trade, and private military corporations. The unit includes management sessions which focus on risk and crisis management, and planning for effective security. Teaching and learning take place via a combination of lectures, student-led seminars, case studies and crisis simulations.
CISS6007 Terrorism in the Asia-Pacific Region
Credit points: 6 Session: S2 Intensive,Winter Main Classes: intensive WINTER 6 days Assessment: PP brief (25%); Takehome exam (25%); essay (50%)
Note: Department permission required for enrolmentin the following sessions:S2 Intensive
The unit will begin by providing a conceptual framework for understanding the phenomenon of terrorism as a form of asymmetrical warfare waged by political actors including an examination of the impact that the end of the Cold War has had on the rise of religiously inspired terrorism. In doing so, common misconceptions will be challenged, highlighting the rationality that drives terrorist behaviour and strategies. With a focus on the Asia-Pacific region, the unit will analyse terrorist organisational structures, including leadership, ideologies, motivations, capabilities, strategies, tactics and targets. Equipped with this knowledge, students will consider effective counter-terrorism strategies, including practical considerations for protecting critical functions of the state and private sector.
CISS6013 Middle East Conflict and Security
Credit points: 6 Session: Semester 1 Classes: 1x 3hr seminar per week Assessment: Essays (55%); policy brief (45%)
The Middle East has been plagued for more than a century by a series of national, ethnic and religious conflicts, reflecting shifting regional alliances, the unresolved legacy of the collapse of the Ottoman Empire and the end of colonial rule. This unit examines the causes and manifestation of intra and inter-state state conflict in the region today by starting with a theoretical framework for examining the process of state-formation in the region and the particularities of the Middle East as a region of developing states. The unit will focus first on some of the specific challenges to the state across the region (such as tribalism, political Islam, and the "oil curse") before examining several inter-state conflicts, with a view of considering the probability of the region becoming more peaceful in the foreseeable future.
IBUS5001 Strategy, Innovation and Global Business
Credit points: 6 Session: Semester 1,Semester 2 Classes: 1x 3hr seminar per week Assessment: Individual assignment (30%); Group assignment (30%); Final 2hr exam (40%)
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 opportunites 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.
IBUS6001 International Business Strategy
Credit points: 6 Session: Semester 1,Semester 2,Summer Late Classes: 1x 2 hr lecture and 1x 1hr seminar per week Assessment: Written Project (40%); Individual assignment I (30%); Individual assignment II (30%)
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 program.
IBUS6002 Cross-Cultural Management
Credit points: 6 Session: Semester 1,Semester 2,Summer Main Classes: 1x 3hr lecture/seminar per week Assessment: Group assignment (5% and 25%); 3-4 x review quizzes (15%); Class participation (10%); Final exam (45%).
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.
IBUS6003 Managing International Risk
Credit points: 6 Session: Semester 1 Classes: 1x 3hr lecture/seminar per week Assessment: Group workshops and case studies (40%); Major research assignment (40%); Individual modules (20%)
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.
IBUS6004 International Business Alliances
Credit points: 6 Session: Semester 2 Classes: 1 x 3 hr lecture/seminar per week Assessment: Business Strategy Game (10%); Alliance proposal (10%); Presentation (10%); Alliance case (10%); Participation (15%); Mid term exam (20%); Final exam (25%)
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.
IBUS6005 Ethical International Business Decisions
Credit points: 6 Session: Semester 1 Classes: 1x 3 hour seminar per week from week 1 to week 13 Assessment: Group Project (30%); Final exam (30%); Individual participation (10%); In class case-studies (15%); Reflective Journals (15%)
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.
IBUS6006 Comparative International Management
Credit points: 6 Session: Semester 2 Classes: 1x 3hr class per week Assessment: Group Project (35%); Evaluation of Group Members (5%); Participation (10%); Mid-Semester Exam (20%); Final Exam (30%)
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.
IBUS6007 International Business Special Project
Credit points: 6 Session: Semester 1,Semester 2 Classes: 1x 3 hr seminar per week Assessment: Research proposal (20%); Critique (10%); Instructor updates (15%); Presentation (15%); Major research report (40%)
Note: Department permission required for enrolment
The special project in International Business provides students with an opportunity to undertake a supervised research project on an approved topic.
IBUS6008 Export Management
Credit points: 6 Teacher/Coordinator: C. Welsh Session: Semester 2 Classes: 1x 3hr lecture/seminar per week Assessment: Individual learning journal (70%); Final exam (30%)
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.
IBUS6011 New Business Opportunities and Startups
Credit points: 6 Session: Semester 1 Classes: 1x 3 hr lecture/seminar per week Assessment: Group Presentation (15%); Group Project (20%); Individual Assignment (30%); Final Exam (35%)
For small open economies such as Australia's, opportunity identification and exploitation are often critical to firms' long-term growth and survival. Identifying new markets, developing new products and implementing new business models are highly-regarded and valuable skills for entrepreneurs and business managers alike. In addition to exploring the special problems (and advantages) associated with entrepreneurial start-ups, the unit will explore commercialisation and corporate venturing. Topics include opportunity recognition, structuring a business and investment proposal, venture capital and other funding sources, market entry strategies as well as entrepreneurial and creative leadership.
IBUS6012 Business Growth and Innovation
Credit points: 6 Session: Semester 2 Classes: 1x 3 hr lecture/seminar per week Assessment: Group Presentation (15%); Group Project (20%); Individual Assignment (30%); Final Exam (35%)
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, creating ventures that are international in scope, forming alliances, and mergers and acquisitions. This unit will also explore issues associated with avoiding the pitfalls of rapid growth.
IBUS6013 Business Restructuring and Renewal
Credit points: 6 Session: Semester 2 Classes: 1x 3hr lecture/seminar per week Assessment: Group Presentation (15%); Group Project (20%); Individual Assignment (30%); Final Exam (35%)
Entrepreneurial business opportunities do not always relate to early-stage or start-up businesses. Later-stage business investments, whether buying existing businesses or turning around failing enterprises, are a significant and growing focus of entrepreneurial activity. This unit explores the process of acquiring and reinvigorating established businesses and how to secure private equity funds (leveraged buy-outs) or corporate funding. The focus is on opportunity evaluation, business model innovation, management and revitalisation rather than financial structuring. Students will have the opportunity to apply the functional skills learned in core strategy, finance, marketing, and management units to real opportunities. As well as being of interest to those wishing to acquire and manage their own business, the unit is appropriate for those working in `big' business and the financial markets.
IBUS6014 Intellectual Property Management
Credit points: 6 Session: Semester 1 Classes: 1x 2hr lecture and 1x 1hr seminar/wk Assessment: Presentation (10%); Projects (30%); Individual Essay (20%); Final Exam (40%)
Intellectual property (IP) represents the property of your mind, intellect, and proprietary knowledge. There are a number of means of protecting your IP, including patents, copyright and trade marks. Creating IP does not necessarily mean you own the rights to use it, as most forms require you to take formal steps to register your IP and obtain the legal rights of ownership (both in Australia and internationally). This unit of study will cover aspects including the concept of IP, how to identify and protect it in a local and international context, creating the conditions to encourage and leverage IP in a commercial context, how to manage a portfolio of IP, and enforcement scenarios. The unit concentrates on how to utilise IP to create, control and exchange value, with particular attention paid to the practice of open innovation.
IBUS6018 Business Negotiations
Credit points: 6 Session: Semester 1 Classes: 1x 3 hour seminar per week Assessment: In-class exercises (30%); Mid Semester exam (20%); Self-Appraisal (20%); Group Project (30%)
Note: Department permission required for enrolment
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.
LAWS6001 Chinese Laws and Chinese Legal Systems
Credit points: 12 Teacher/Coordinator: Assoc Prof Vivienne Bath (Coordinator) Session: S2 Late Ib Classes: Winter School in Shanghai, China, Nov-Dec Assessment: 1xtake-home exam to be completed in Shanghai (30%), 1x8000wd essay (70%) due in February
Note: Department permission required for enrolment
Note: Students must register their attendance before enrolling. To register, please visit the Shanghai Winter School website http://sydney.edu.au/law/cstudent/shanghai/ Registration enquiries law.caplus@sydney.edu.au Enrolment enquiries law.postgraduate@sydney.edu.au
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.
LAWS6037 International Import/Export Laws
Credit points: 6 Teacher/Coordinator: Adj Prof Alan Bennett Session: Semester 1 Classes: (1x2hr lec)/wk Assessment: class work (40%), 1xassignment (60%)
Note: This unit replaced LAWS6037 Customs Law
The unit is a comparative study of international customs law and administrations and is based on examining some of the practical difficulties associated with the implementation of new customs laws in various jurisdictions. The Kyoto convention, which sets out the minimum requirements of any new customs law, is examined in some detail focusing in particular on: customs control; customs declarations; administrative penalties; customs securities; transparency and customs rulings; risk management initiatives etc. The unit also examines the international customs harmonised tariff illustrating the structure, notes and in particular, the rules for interpretation of the tariff. The WTO customs valuation methodologies are also studied (from Article VII of the GATT) with particular emphasis given to the transaction value method of customs valuation. The treatment of management fees, royalties, commissions, production assist costs, research and development expenditure and other difficult areas are also reviewed. Article VI of the GATT, which makes provision for anti-dumping law, is also considered providing practical examples of how this law operates in various jurisdictions.
LAWS6059 International Business Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Luke Nottage (S6) and TBA (S2) Session: S1 Intensive,Semester 2 Classes: S6: Mar 11, 12 & 25, 26 (9-5) and S2: (1x2hr lec)/wk Assessment: 1x3500wd assignment (50%), 1x2hr20min exam (50%)
Note: Compulsory for MIntBus&L students
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.
Textbooks
Robin Burnett, Law of International Business Transactions (The Federation Press, 2004, 3rd ed)
LAWS6060 International Commercial Arbitration
Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown, Adj Prof Max Bonnell Session: Semester 2 Classes: (1x2hr lec)/wk Assessment: 1xtake-home exam (40%), 1x5000wd research essay (60%)
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.
LAWS6063 World Trade Organization Law I
Credit points: 6 Teacher/Coordinator: Dr Brett Williams Session: S1 Late IntB Classes: S64: Mar 28-31 & Apr 1 (9.15-4.45) Assessment: 1x3000-3500wd essay on a set topic (40%), 1xexam (60%)
Note: This unit replaced LAWS6063 International Trade Regulation
This unit is an introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. 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. The introductory unit considers economic and political arguments for and against protection based on some basic economics of trade and of public choice. The unit presents an overview of the history of the General Agreement on Tariffs and Trade (GATT) and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT. There follows a more detailed study of the WTO dispute settlement system. The unit then studies the framework of rules under the General Agreement on Trade in Services (GATS) and presents a very brief outline of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings & customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination and an introduction to the rules on subsidies. Part of the assessment requires students to think critically about the object and function of the GATT and its dispute settlement system.
Textbooks
Required Treaties: Students will need copies of some of the WTO treaties to bring to class. Students may wish to print them from free online sources. See the Unit Information and Outline on WebCT to find out which treaties should be obtained. Alternatively, students may wish to purchase: WTO, The Legal Texts - The Results of the Uruguay Round of Multilateral Trade Negotiations (CUP, 1999)[ISBN# 0521785804 (for Paperback)].
LAWS6091 Chinese International Taxation
Credit points: 6 Teacher/Coordinator: Prof Jinyan Li Session: S2 Intensive Classes: Aug 10-12 & 15, 16 (9-3.30) Assessment: 1xtake-home exam (100%)
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.
LAWS6109 UK International Taxation
Credit points: 6 Teacher/Coordinator: Prof Malcolm Gammie Session: S1 Late Int Classes: May 25-27 & 30, 31 (9-3.30) Assessment: 1xtake-home exam or essay (100%)
This unit covers the domestic provisions of UK income tax and CGT 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 income tax system of the UK and a detailed analysis of the most important legislative and treaty rules of the UK in the international income 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 income tax law applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK income 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; 6. Australia UK Tax Treaty.
LAWS6123 Transfer Pricing in International Tax
Credit points: 6 Teacher/Coordinator: Ms Melissa Heath Session: Int Sept Classes: Sep 7-9 & 12, 13 (9-3.30) Assessment: 1x3000wd assignment (30%), 1x2hr exam (70%)
The unit examines transfer pricing law and practice in Australia in the area of international taxation. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 1995 and the ongoing updates, the rewrite of the US Regulations over the period 1988-1994, 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.
LAWS6128 Comparative International Taxation
Credit points: 6 Teacher/Coordinator: Prof Brian Arnold Session: S1 Late IntA Classes: Mar 3, 4 & 7, 8 (9-5) Assessment: 1x8000wd essay (100%) or 1x2hr exam (100%)
Note: compulsory for MIntTax students
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.
Textbooks
Available for purchase at the Law School: Arnold & McIntyre, International Tax Primer; Ault & Arnold, Comparative Income Tax
LAWS6153 Comparative Corporate Taxation
Credit points: 6 Teacher/Coordinator: Dr Peter Harris Session: S2 Late IntB Classes: Sep 26-30 (9-3.30) Assessment: classwork (30%) and 1xexam or essay (70%)
The goal of the unit is to provide a comparison of the corporate tax systems of a number of countries of economic and cultural significance to Australia. The goal has both practical and policy aspects. The unit will provide a basic introduction to the corporate tax systems of Australia's major trading partners which will assist students in assessing the likely outcomes of proposed corporate dealings both within the countries selected for comparison and between them. A comparative framework provides an opportunity for identifying the available options for taxing corporate income and assessing the appropriateness of those options or a combination thereof. This enables an assessment of the options selected by various countries, including incompatibility of options, and may identify areas of corporate taxation which may be the subject of appropriate reform. The unit will examine: theoretical framework and defining entities subject to corporation tax; taxation of corporate income where derived; taxation of corporate income where distributed; treatment of gains/losses on the disposal of shares; corporate formation, reorganisation and liquidation; and international taxation of corporate income.
LAWS6170 Comparative Income Taxation
Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: S2 Late IntA Classes: Aug 3-5 & 8, 9 (9-3.30) Assessment: 1x8000wd essay (100%)
Comparative Income Tax examines the key structural features of the income tax (tax unit, income, capital gains, fringe benefits, deductions, tax rates, tax accounting, tax expenditures and presumptive taxes). The unit will consider both the policy options in the design of the income tax and the legal implementation of those options. The unit will be primarily issues based, drawing on both developed and developing country examples. The comparative framework for analysis provides an opportunity for identifying the available options for taxing income and assessing the appropriateness of those options or a combination of them. As part of this more general analysis, the unit will identify cultural, constitutional and administrative issues that shape the design of income tax laws. The unit will not consider corporate tax as this is the subject of Comparative Corporate Taxation nor international tax as this is the subject of Comparative International Taxation. Students should gain an understanding of the key design features of the income tax and differences taken by countries in income tax law design.
Textbooks
Available for purchase at the Law School: Thuronyi (ed), Tax Law Design and Drafting Vols 1 & 2 ; Ault and Arnold, Comparative Income Tax
LAWS6177 Tax Treaties
Credit points: 6 Teacher/Coordinator: Prof Richard Vann Session: S1 Late IntB Classes: Apr 13-15 & 18, 19 (9-3.30) Assessment: classwork (30%), 1xexam or 1x7000wd essay (70%)
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 double tax treaties; interpretation of tax treaties; and selected articles of the OECD Model and Australian tax treaties.
LAWS6207 The Legal System of the European Union
Credit points: 6 Teacher/Coordinator: Prof Wojciech Sadurski (Coordinator), Dr Euan MacDonald, Assoc Prof Adam Czarnota (UNSW) Session: Int July Classes: Jul 4-8 (9-5), Monash Centre Prato, Italy. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assessment: class work/participation (30%), 1x6000wd essay (70%)
Note: Department permission required for enrolment
The unit is designed to give students a comprehensive introduction to the constitutional theory and history, institutional structure and basic elements of the legal system of the unique polity which is the European Union (EU). The objective is to describe crucial principles and doctrines of EU law. Particular attention will be paid to the history and theory of European integration, constitutional processes, composition, powers and functions of the main legislative or executive organs and the judicial organs of the EU. The unit will then focus on the most important aspects of the legal system: supremacy and direct effect of EU law, general principles of law including fundamental rights, Union citizenship, the role of Union and national courts in enforcing and applying Union law.
LAWS6209 Australian International Taxation
Credit points: 6 Teacher/Coordinator: Prof Michael Dirkis Session: Semester 1 Classes: (1x2hr lec)/wk Assessment: 1x3000wd assignment (30%) and 1x2hr exam (70%)
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, FIFs, transferor trusts, 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 course 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.
LAWS6222 Comparative Corporate Governance
Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: S1 Late Int Classes: May 26, 27 & Jun 2, 3 (9-5) Assessment: class participation (10%), short pre-class assignment and specialised class participation (20%), 1xessay or exam (70%)
This unit will examine recent trends and issues in comparative corporate governance, including the link between corporate scandals and corporate law reform; explore key debates in comparative corporate governance, such as the "law matters" hypothesis and the "convergence-divergence" debate; and discuss fundamental differences in corporate governance structure and techniques in a variety of jurisdictions, including the US, UK, Germany, Japan, Australia, as well as certain transitional economies such as Russia, China and India. Against a comparative law background, the unit will discuss a range of specific corporate governance mechanisms including: the board and independent directors; principles-based versus rules-based regulation; shareholder empowerment and institutional investor activism; takeovers; regulatory techniques to control executive remuneration.
LAWS6243 International Law I
Credit points: 6 Teacher/Coordinator: Dr Alison Pert Session: S1 Intensive,Semester 2 Classes: S6: Mar 4, 5 & 18, 19 (9-5) and S2: (1x2hr lec)/wk (S2) Assessment: 1x4000wd essay (50%), 1xtake-home exam (50%)
Note: Compulsory for MIL and GradDipIntLaw students who have not completed any previous study in international law and pre-requisite for other law units. This unit replaced LAWS6243 Public International Law.
This unit provides an introduction to public international law. At the end of the unit students should have a good understanding of what public international law is, how it is formed, and its general principles and problems in the core areas listed below.
The unit will cover the following topics: Nature and scope of public international law, international legal personality, sources of public international law, the law of treaties, title to territory, jurisdiction in international law, immunities, state responsibility for international wrongs, and the legality of the use of force.
LAWS6252 Legal Reasoning & the Common Law System
Credit points: 6 Teacher/Coordinator: Mr Michael Skinner and Prof Reg Graycar (S53 only) Session: Int Sept,S1 Late IntA,S1 Late IntB,S2 Late IntA Classes: Classes: S63 (Intensive Group A): Mar 1-4 (9-5), S64 (Intensive Group B): Mar 25, 26 & Apr 15, 16 (9-5), S53 (Intensive Group C): Jul 26-29 (9-5), S109 (Intensive Group D): Sep 9, 10 & 23, 24 (9-5) Assessment: 1xin-class test (25%), 1xtake-home exam (75%)
Note: International students who are required to enrol in this unit must undertake classes during the first week of their study. Health Law and Public Health students should enrol in LAWS6881 Introduction to Law for Health Professionals in lieu of LAWS6252, if available.
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 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.
LAWS6261 Int Protection of Intellectual Property
Credit points: 6 Teacher/Coordinator: Ms Lucinda Longcroft Session: S1 Late IntB Classes: Apr 14, 15 & 18, 19 (9-5) Assessment: classwork (30%) and 1xexam or essay (70%)
The international intellectual property system will be examined at a time of rapid technological change, intense political scrutiny, and unprecedented value in intellectual capital. Intellectual property is increasingly a business issue, implicated in dispute resolution, advocacy, negotiations and secured financing. This unit will survey the foundations of the international legal system and the treaties that govern intellectual property - copyright and neighbouring rights, patents and trademarks - and critically assess their relevance for global economic and social development. Traditional and alternative dispute resolution machinery will be discussed. It will then examine key developments in intellectual property law and policy in the information society; including the impact of the Internet and creative industries' response, emerging structures for creativity and innovation, and the 'development agenda'. The unit will also explore efforts at the global level to find sustainable solutions to critical challenges in fields such as public health and access to medicines, biodiversity and access to genetic resources, protection of traditional knowledge, limitations and exceptions to copyright works, and the role of intellectual property protection in the digital environment.
LAWS6814 Comparative Value Added Tax
Credit points: 6 Teacher/Coordinator: Assoc Prof Rebecca Millar Session: S1 Late IntB Classes: Mar 23-25 & 28, 29 (9-3.30) Assessment: class work/test (35%), 1x2hr exam (65%)
This unit provides an introduction to the design and operation of consumption type value-added taxes (known commonly as either VAT or GST). The unit will consider the major foundational principles of VAT and the different ways in which they can be given effect in different jurisdictions, taking examples from the VAT Directive of the European Union, the GST laws of New Zealand, Australia, Canada, and Singapore, and a range of other jurisdictions and/or model VATs. Participants familiar with Australian GST will gain an understanding of the policies underlying VAT/GST and of the options for VAT treatment that have been adopted in other jurisdictions. International participants will find that the generic and comparative discussion of VAT/GST principles will be readily transferable to the operation of VAT in your country of residence. Topics covered include: different methods for taxing consumption; the history, spread and prevalence of credit-invoice systems of VAT; different models of VAT/GST; the relationship between VAT and other tax bases; the use of multiple rates; registration, invoices, assessment and collection; notions of taxable person, taxable activity, taxable supplies, and the taxable amount; the treatment of government and charities; exemption with credit (zero-rating/GST-free) and exemption without credit (input taxation); the aim of fiscal neutrality and the importance of the input tax credit/deduction; international issues and the avoidance of double or non-taxation; hard-to-tax commodities (financial services, insurance, gambling, real property); and problems with VAT evasion.
Textbooks
Recommended: Ebrill et al, The Modern VAT (2001) IMF, Washington D.C; Richard M Bird and Pierre-Pascal Gendron The VAT in Developing and Transitional Countries (2007) Cambridge University Press; Alan Tait, Value Added Tax: International Practice and Problems (1991) IMF, Washington D.C
LAWS6824 Commercial Conflict of Laws
Credit points: 6 Teacher/Coordinator: Adj Prof Andrew Bell, Visiting Prof Andrew Dickinson Session: Int July Classes: Jul 11, 12 & 14, 15, Magdelen College, Oxford. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml Assessment: class participation/case study (20%), 1x7000wd essay (80%)
Note: Department permission required for enrolment
Note: This unit replaced LAWS6824 Transnational Commercial Litigation and has a restricted class size.
The unit will focus on commercial disputes with a transnational dimension; determine the features which characterise transnational commercial litigation, where the forum is itself a matter of dispute; identify and apply techniques for determining the law applicable to contractual and non-contractual claims; and compare and contrast the approaches to commercial private international law topics in Australia, UK and the European Union. The unit will cover the importance of venue in commercial litigation; Australian, UK and European approaches to jurisdiction; techniques of forum control; the law relating to anti-suit injunctions; the role of jurisdiction and arbitration agreements; introduction and ascertainment of foreign law; provisional measures, including freezing injunctions; rules of applicable law for contractual and non-contractual claims; and the distinction between substance and procedure.
Textbooks
Davies, Bell and Brereton Nygh's Conflict of Laws in Australia 8th ed., 2010
LAWS6844 US Corporate Law
Credit points: 6 Teacher/Coordinator: Prof Jennifer Hill Session: S1 Late IntB Classes: Apr 13, 14 & 20, 21 (9-5) Assessment: class participation (10%), short pre-class assignment and specialised class participation (20%), 1xessay or exam (70%)
The objectives of this unit are: understand the structure and operation of US corporate law and corporate governance; examine the operation of US statutory provisions (eg under the Revised Model Business Corporation Act and the Delaware General Corporation Law), as well as other regulatory developments, such as the impact of the Sarbanes-Oxley Act 2002, and recent reforms relating to shareholder power; and explore and discuss leading US case law relating to corporations. The history and structure of corporate law in the US, including the central role of Delaware; the "race to the bottom" vs "race to the top" the "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.
LAWS6849 Commercial Maritime Law
Credit points: 6 Teacher/Coordinator: Adj Prof James Allsop, Mr Peter McQueen Session: Semester 2 Classes: (1x2hr lec)/wk Assessment: 1x2.5hr exam (60%), 1x3500wd essay (40%)
The unit is designed as a detailed study of maritime law from what might be said to be a commercial law, as opposed to a public law, perspective. The nature of the business of shipping and related activities are examined by reference to fundamental commercial arrangements and relationships - the business of shipping, ownership and deployment of ships, chartering and use of ships, carriage of goods by sea and limitation of liability. The unit will provide a detailed introduction to these areas as a foundation for practice in Australia and overseas and as a basis for further academic research. The core topics of the unit will be the law of charterparties and the carriage of goods by sea. A constant theme of the unit will be the international character of the commercial relationships involved and the importance of private and international law considerations at all times. Whenever possible, relevant comparative law analysis will be discussed.
Textbooks
Tetley W, International Maritime and Admiralty Law (International Shipping Publications, Editious Yvon Blais - Thomson)
LAWS6852 Doing Business in China
Credit points: 6 Teacher/Coordinator: Assoc Prof Vivienne Bath Session: S2 Intensive Classes: Aug 19, 20 & 26, 27 (9-5) Assessment: 1x3500wd essay (50%), 1xtake-home exam (50%)
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, including taxation and foreign exchange controls. 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 and regulation of financial institutions.
LAWS6879 Japanese Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Luke Nottage (Coordinator) Session: Int February Classes: Intro Class: Feb 1 (5-7) then Feb 7-11 Assessment: 2x1000wd reflective notes (2x10%) and 1x7000wd essay (80%)
Note: Department permission required for enrolment
Note: For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
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 in Kyoto at Ritsumeikan University Law School (Kyoto Seminar: www.kyoto-seminar.jp), leading into the more specialist "Tokyo Seminar" in Japanese Law and the Economy taught (LAWS6901, recommended but not a co-requisite for this unit). Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, UNSW and ANU), with guest lectures by prominent practitioners and a field study to a local bar association and the courts [tbc]. 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).
LAWS6892 Taxation of Mergers and Acquisitions
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: Semester 2 Classes: (1x2hr lec)/wk Assessment: 1x3000wd assignment (30%), 1x2hr exam (70%)
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. For takeovers, the unit will examine the impact of a takeover on the various tax attributes located in the target company, the computation of its income in the year of change, the recovery of its losses and the limits on losses available to shareholders because of the anti-duplication rules. We also consider how the tax system might influence the method of financing the takeover. The unit will also examine the impact for shareholders and the corporation of undertaking the merger of two or more corporations. The unit will also examine the impact for shareholders, intermediaries and the corporation of the de-merger of a corporation from a group of corporations. For reconstructions, the unit will examine the impact for shareholders and the corporation of selected transactions: conversion into corporate form, change of corporate form and the re-capitalisation of a corporation.
LAWS6901 Japanese Law and the Economy
Credit points: 6 Teacher/Coordinator: Assoc Prof Luke Nottage (Coordinator) Session: Int February Classes: Intro Class: Feb 1 (5-7) then Feb 14-18 Assessment: 2x1000wd reflective notes (2x10%) and 1x7000wd essay (80%)
Note: Department permission required for enrolment
Note: For further information, please visit http://sydney.edu.au/law/caplus/ or contact law.caplus@sydney.edu.au
This unit examines Japanese business law in global context, focusing for example on Japan's trade and investment environment, insolvency and corporate governance, consumer regulation, ADR, and lawyering (especially in Tokyo). It is taught in Japan at Ritsumeikan University Law School's Tokyo campus, following the more wide-ranging Japanese Law unit taught at their Kyoto campus (LAWS6879, recommended but not a prerequisite for this unit). Lecturers include academics from Ritsumeikan and other leading Japanese universities, as well as from Australia (especially from The University of Sydney, UNSW and ANU), with guest lectures by prominent practitioners and a field study to the Legal Department of a major Japanese corporation. 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).
LAWS6905 Aspects of European Union Commercial Law
Credit points: 6 Teacher/Coordinator: Ms Anne McNaughton Session: Int July Classes: Jul 8, 9 & 22, 23 (9-5) Assessment: 1x2500wd assignment (30%), 1x6000wd essay (70%)
This unit will look at the way in which European commercial law has been shaped by European Union law. It sets out the history and development of the European Union and introduces its institutional structure. The unit then focuses on aspects of commercial law in the European Union and the relationship of EU law and national law. Topics covered include the Common Commercial Policy, a European Contract Law, the development of the Single Market and aspects of the European Union's external commercial relations. This unit will be run in a seminar style, examining primary and secondary EU law and aspects of national law in some Member States.
LAWS6906 Taxation of Financial Products
Credit points: 6 Teacher/Coordinator: Prof Tim Edgar Session: S2 Intensive Classes: Aug 17-19 & 22, 23 (9-3.30) Assessment: 1xtake-home exam or 1x8000wd research paper (100%)
Note: This unit replaced LAWS6906 Comparative Taxation of Financial Transactions.
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 taxation issues of 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.
LAWS6911 International Derivatives Law & Practice
Credit points: 6 Teacher/Coordinator: Mr Jan Job de Vries Robbé Session: S1 Intensive Classes: Mar 14, 15 & 17, 18 (9-5) Assessment: class participation (10%) and 1x8000wd essay (90%)
Derivatives are an indispensable building block of today's financial markets. They are sold on exchanges, over-the-counter, and embedded in other types of financial products such as loans and bonds. The types of risk transferred using derivatives continues to expand from currency, equity and credit risk to innovative products such as property derivatives and carbon credits. The unit considers a variety of legal issues associated with derivatives transactions, ranging from aspects of contract law, the potential liabilities for financial institutions for mis-selling derivatives products, and the (close-out) netting of derivative transactions. In addition, the unit has a practical angle. Students will be familiarised with the traps and particularities of documenting derivative products in, for instance, structured finance transactions. The unit covers both Australian and international derivatives practice (especially European, but also emerging markets).
LAWS6916 International Investment Law
Credit points: 6 Teacher/Coordinator: Assoc Prof Chester Brown, Ms Katherine Miles Session: S2 Intensive Classes: Aug 5, 6 & 12, 13 (9-5) Assessment: 1x5000wd essay (50%), 1xtake-home assignment (50%)
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.
LAWS6928 Law, Justice and Development
Credit points: 6 Teacher/Coordinator: Mr Livingston Armytage Session: S2 Late IntB Classes: Oct 4, 5 & 7, 8 (9-5) Assessment: class participation (10%), 1xclass presentation (10%), 2x4000wd essays (2x40%)
Note: This unit replaced LAWS6928 Law & Economic 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.
LAWS6932 Law and Investment in Asia
Credit points: 6 Teacher/Coordinator: Assoc Prof Vivienne Bath, Dr Sallim Farrar Session: S1 Late IntC Classes: May 6, 7 & 13, 14 Assessment: class participation (10%), 1x2000-2500wd take-home exam (30%), 1x5000wd essay (60%)
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 in three of the following jurisdictions: China, Japan, Indonesia, Malaysia and India. The unit focuses on the issues related to direct foreign investment by Australian or other foreign businesses in the jurisdictions dealt with in the course. Issues covered will include laws related to foreign investment, and also related laws of contract, labour law, corporate governance, intellectual property, Islamic finance law (where relevant) and WTO compliance. The unit will also cover key issues in modern comparative law which may assist students in their study of `foreign' legal systems.
LAWS6933 Global Oil and Gas Contracts and Issues
Credit points: 6 Teacher/Coordinator: Visiting Prof Owen Anderson, Visiting Prof John Lowe Session: Int May,S1 Late IntC Classes: S65 (Intensive Group A): Sydney Law School May 9-13 and S105 (Intensive Group B): Sydney Law School in Europe Program May 23-26 Assessment: 1xtake-home exam (100%)
Note: Department permission required for enrolmentin the following sessions:Int May
Note: This unit replaced LAWS6933 International Petroleum Transactions
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.
LAWS6936 Carbon Trading, Derivatives and Taxation
Credit points: 6 Teacher/Coordinator: Prof Rosemary Lyster (Coordinator), Ms Celeste Black, Dr Tim Stephens, Ms Petrea Bradford, Mr Scott Farrell Session: S2 Late IntB Classes: Oct 7, 8 & 10, 11 (9-5) Assessment: 1xtake-home exam (100%)
This unit of study is designed to appeal to students across a broad range of postgraduate programs and expands upon existing offerings in the area of Climate Law. The unit will cover four discrete topics on each day of the four day intensive: International Climate Law (United Nations Framework Convention on Climate Change, Kyoto Protocol, post-2012 negotiations) and domestic Climate Law (the Carbon Pollution Reduction Scheme and complementary measures); understanding how to trade carbon on a variety of carbon markets; understanding the carbon derivatives market; understanding the taxation implications of carbon trading. The unit assumes a basic undertaking of emissions trading, the derivatives market and taxation law. The unit brings together experts within the Sydney Law School, including environmental lawyers and taxation lawyers, and experts in carbon trading and derivatives markets in private practice.
LAWS6944 Manipulation & Abuse: Global Secur Mkts
Credit points: 6 Teacher/Coordinator: Dr Greg O'Mahoney Session: S2 Late IntA Classes: July 2, 9 & Sep 3, 10 (9-5) Assessment: class participation (20%), 1xpresentation (20%), 1x5000wd essay (60%)
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.
LAWS6945 Doing Business in Emerging Markets
Credit points: 6 Teacher/Coordinator: Prof Paul Stephan Session: S1 Late IntC Classes: May 18-20 & 23, 24 (9-3.30) Assessment: class participation (30%), 1xexam (70%)
The unit examines common commercial, tax and regulatory issues that arise from doing business in emerging market economies. Topics to be examined include: the special challenges of investing in emerging market economies; organisational forms commonly used in emerging market economics; financing options; host state regulatory regimes and limits on the activities of foreign investors; dispute resolution systems, and sovereign risk issues; tax issues in developing countries; home state regulatory issues, including domestic anti-corruption measures, money laundering and human rights regimes. The unit has a special focus on issues associated with investing into and doing business with former Soviet Union countries, and the famous Yukos case will be considered.
LAWS6946 Tax Treaties Special Issues
Credit points: 6 Teacher/Coordinator: Prof Richard Vann, Dr Philip Baker (S61) and Ms Ariane Pickering (S54) Session: S1 Late Int,S2 Late IntB Classes: S61: Jun 25, 27, 29 & Jul 1, Institute of Advanced Legal Studies, University of London. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml and S54: Sydney Law School Oct 5-7 & 10, 11 (9-3.30) Assessment: classwork (30%), 1xexam or 1x7000wd essay (70%)
Note: Department permission required for enrolmentin the following sessions:S1 Late Int
This unit of study considers the increasing number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD on tax treaties currently and in the last decade. Topics covered include: OECD policy development processes, the new Article 7; business restructures, international transport, high value services, education and government, expatriates, superannuation and pensions, entities (companies, partnerships, trusts and collective investment vehicles), triangular cases, conflicts of qualification, non-discrimination, tax competition, tax arbitrage, and the relationship between tax treaties and other areas of international law.
LAWS6948 Private International Law
Credit points: 6 Teacher/Coordinator: Prof Andrew Dickinson Session: S1 Late IntC Classes: May 9-13 (9.30am-3.30pm) Assessment: in-class assessment (20%), 1x7000wd essay (80%)
Private international law (or conflict of laws) is the part of local or municipal law which is concerned with legal questions which have a transborder or transnational dimension i.e. a relevant connection with a foreign legal system. This unit of study is a general course intended to provide a comprehensive survey of the problems, methods and techniques of private international law. Topics covered include the function and purpose of private international law; personal jurisdiction and the enforcement of foreign judgments; choice of law, with particular reference to tort, contract and property; limits to the application of foreign law, with particular reference to the distinction between substance and procedure, proof of foreign law, public policy and other exclusionary doctrines; and the problem of renvoi (which may arise where a foreign legal system's private international law refers a legal question back to the law of the forum or, exceptionally, the law of a third country).
LAWS6945 Doing Business in Emerging Markets
Credit points: 6 Teacher/Coordinator: Prof Paul Stephan Session: S1 Late IntC Classes: May 18-20 & 23, 24 (9-3.30) Assessment: class participation (30%), 1xexam (70%)
The unit examines common commercial, tax and regulatory issues that arise from doing business in emerging market economies. Topics to be examined include: the special challenges of investing in emerging market economies; organisational forms commonly used in emerging market economics; financing options; host state regulatory regimes and limits on the activities of foreign investors; dispute resolution systems, and sovereign risk issues; tax issues in developing countries; home state regulatory issues, including domestic anti-corruption measures, money laundering and human rights regimes. The unit has a special focus on issues associated with investing into and doing business with former Soviet Union countries, and the famous Yukos case will be considered.
LAWS6946 Tax Treaties Special Issues
Credit points: 6 Teacher/Coordinator: Prof Richard Vann, Dr Philip Baker (S61) and Ms Ariane Pickering (S54) Session: S1 Late Int,S2 Late IntB Classes: S61: Jun 25, 27, 29 & Jul 1, Institute of Advanced Legal Studies, University of London. Please visit the Sydney Law School in Europe website http://sydney.edu.au/law/fstudent/coursework/LLM/index.shtml and S54: Sydney Law School Oct 5-7 & 10, 11 (9-3.30) Assessment: classwork (30%), 1xexam or 1x7000wd essay (70%)
Note: Department permission required for enrolmentin the following sessions:S1 Late Int
This unit of study considers the increasing number of specialised topics in the area of tax treaties, largely reflecting the work of the OECD on tax treaties currently and in the last decade. Topics covered include: OECD policy development processes, the new Article 7; business restructures, international transport, high value services, education and government, expatriates, superannuation and pensions, entities (companies, partnerships, trusts and collective investment vehicles), triangular cases, conflicts of qualification, non-discrimination, tax competition, tax arbitrage, and the relationship between tax treaties and other areas of international law.
LAWS6948 Private International Law
Credit points: 6 Teacher/Coordinator: Prof Andrew Dickinson Session: S1 Late IntC Classes: May 9-13 (9.30am-3.30pm) Assessment: in-class assessment (20%), 1x7000wd essay (80%)
Private international law (or conflict of laws) is the part of local or municipal law which is concerned with legal questions which have a transborder or transnational dimension i.e. a relevant connection with a foreign legal system. This unit of study is a general course intended to provide a comprehensive survey of the problems, methods and techniques of private international law. Topics covered include the function and purpose of private international law; personal jurisdiction and the enforcement of foreign judgments; choice of law, with particular reference to tort, contract and property; limits to the application of foreign law, with particular reference to the distinction between substance and procedure, proof of foreign law, public policy and other exclusionary doctrines; and the problem of renvoi (which may arise where a foreign legal system's private international law refers a legal question back to the law of the forum or, exceptionally, the law of a third country).
LAWS6955 Key Legal Concepts in Finance Law
Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: S2 Intensive,Semester 1 Classes: S1: (1x2hr lec)/wk and S5: Intro Class: Aug 4 (6-8) then Aug 16, 17 & Aug 31, Sep 1 (9-5) Assessment: 1x3000wd assignment (30%), 1x2hr open book exam (70%)
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.
LAWS6965 Tax Avoidance and Anti-Avoidance
Credit points: 6 Teacher/Coordinator: Prof Graeme Cooper Session: S1 Late IntC Classes: May 4-6 & 9, 10 (9-3.30) Assessment: 1x2500wd class assignment (30%), 1x2hr exam (70%)
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.
LAWS6972 International Securities Regulation
Credit points: 6 Teacher/Coordinator: Prof James D Cox Session: Int November Classes: Nov 25, 26 & Dec 2, 3 (9-5) Assessment: class participation (20%), 1xexam (30%), 1x3500-5000wd essay (50%)
Financial markets are being overtaken by a tsunami of globalization. Investors seeing investment opportunities and companies hungry for capital think and act globally. We therefore live increasingly in a borderless financial world. Unfortunately, regulation remains territorially oriented so that financial markets reflect the regulatory approach of their host nation. The high-quality practitioner thus must understand the functioning of law in more than his/her home country. This unit focuses on the regulation of securities transactions in an international setting. The unit materials are organized around central concepts: the jurisdictional reach of the securities laws, the debate on the pros and cons of mandatory disclosure, regulation of public offerings, disclosure mechanisms for public companies, international enforcement, insider trading regulation, and takeover regulation. The organizing thesis throughout is the approach taken by the US regulators which are then contrasted with approaches taken in other major markets.
LAWS6975 Islamic Trade and Finance Law
Credit points: 6 Teacher/Coordinator: Dr Salim Farrar, Dr Nik Norzrul Thani Session: S1 Late IntB Classes: Intro Class: Mar 21 (5-6) then Mar 28-31 (9-5) Assessment: 1x2.5hr exam (60%), 1x3000wd essay (40%)
This unit is about the application of Islamic law in the modern contexts of business, banking and finance, and the viability of a trading and economic system based predominantly on the prohibition of interest and the promotion of ethics. It outlines Islamic sources of law, traditional Islamic contract law as well as standard contractual forms before moving on to discuss their modern application to banking practice and the raising of finance. Topics will include: Islamic home financing, hire-purchase, corporate capital raising, Islamic capital markets, sukuks (asset-based bonds), takaful (Islamic insurance) and legal enforcement (comprising court-based resolution, arbitration and ADR). The unit will draw extensively from case studies and the practical operation of IBF in Malaysia, the GCC countries and non-Islamic jurisdictions (comparing civil with common law).
Textbooks
Mahmud M. Gamal (2006), "Islamic Finance - Theory and Practice", Cambridge University Press and M.Kabir Hassan and M.K. Lewis, "Handbook of Islamic banking" (2007), Edwin Elgar, Cheltenham
LAWS6977 Law of International Institutions
Credit points: 6 Teacher/Coordinator: Prof Dr August Reinisch Session: Int February Classes: Feb 14, 15 & 17, 18 (9-5) Assessment: class participation (20%), 1x8000wd essay or 1x8000wd assignment (80%)
This unit will examine the principal legal issues concerning organizations composed of states. These include the legal status and powers of organizations, membership and participation, norm-creation, dispute settlement, enforcement of decisions, peace and security activities, and finally the organizations' privileges and immunities as well as their legal status and powers under national law.
At the same time, the unit will also address such real world problems as the creation of international criminal courts, the "succession" of Russia to the USSR's seat on the UN Security Council, the response to the break-up of Yugoslavia, targeted sanctions and the possibility of judicial review of acts of the UN Security Council, the success of WTO dispute settlement, NATO action against Serbia in 1999, the military intervention in Afghanistan and Iraq in the aftermath of 9/11, etc.
Primary consideration will be given to the development of the United Nations. Other universal as well as regional organizations will also be dealt with. This unit aims at helping students to understand the common legal problems faced by international institutions.
Textbooks
Jan Klabbers, An Introduction to International Institutional Law. Cambridge (CUP, 2nd ed., 2009) Paperback (ISBN-13: 9780521736169), £32.00
LAWS6982 Law of Economic Integration in the EU
Credit points: 6 Teacher/Coordinator: Prof Dr Marc Bungenberg Session: S1 Intensive Classes: Mar 7, 8 & 21, 22 (9-5) Assessment: class participation (10%), 1x6000wd essay (60%), 1xtake-home exam (30%)
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.
LAWS6987 Introduction to Commercial Law
Credit points: 6 Teacher/Coordinator: Prof Sheelagh McCracken Session: Semester 2 Classes: (1x2hr lec)/wk Assessment: 1x3000wd assignment (30%), 1x2hr open book exam (70%)
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.
TPTM6130 Transport and Logistics Management
Credit points: 6 Teacher/Coordinator: Dr Sean Puckett Session: Semester 1 Classes: Block mode: 6 days, 9am-5pm. Refer to timetable for further details. Assessment: In-class individual (5) and group (5) readiness assurance tests (20%), in-class individual quizzes (6) (25%), team project with group report (20%) and individual presentation (15%), take home examination (20%).
This unit provides an essential set of skills for the management of the transport and logistics system for both the private and public sector and across all modes in the freight and passenger sectors. The unit provides an introduction to transport and logistics issues that benefit from an understanding of key economic ideas. This unit does not require a previous background in economics. The unit is divided into a number of modules: travel demand and choice; costing, performance and benchmarking, strategic assessment of transport distribution-related policy instruments; pricing and infrastructure and freight systems management. Examples and case studies are drawn from the freight and passenger sectors as well as all modes of transport. The specialised rigour will provide appropriate training for tackling other topics, in other units, in more detail beyond these three modules. The material is of especial relevance to majors in transport and logistics.
TPTM6260 International Logistics
Credit points: 6 Teacher/Coordinator: Associate Professor Peter Lok Session: Semester 1,Semester 2 Classes: Block mode: 6 days, 9am-5pm. Refer to timetable for further details. Assessment: Individual assignment (25%), mid-term examination (15%), group assignment (20%), group class case study (10%), final examination (30%)
The trend toward an integrated global economy and global competitive arena is forcing companies to design products for the global market and to rationalise their production and distribution activities so as to maximise corporate resources. As a result, logistics in international operations has gained strategic importance. This unit takes a very strategic view of international logistics and deals with logistics from inland origin to final destination covering broad issues of system design and those associated with aspects of international transport, and location and distribution. It takes into account various issues in international operations such as differences in cultures, infrastructure, and transportation systems. The unit integrates concepts with examples of company practices in Australia and elsewhere. This unit does not assume any prior knowledge of logistics on the part of the student. As such it is useful for students studying International Business/International Law who may wish to gain a strategic overview of the role of logistics in international trade and commerce.
TPTM6440 International Freight Transportation
Credit points: 6 Teacher/Coordinator: Frederic Horst Session: Summer Main Classes: Block mode: 6 days, 9am-5pm. Refer to timetable for further details. Assessment: Take home examination (30%), individual paper (40%), group assignment (30%)
This unit seeks to give students an understanding of the dynamics of the express, air freight and shipping business. The course will discuss underlying drivers of international trade flows and the demand for capacity in different freight transport modes, as well as industry structure, regulatory environment and market access. Building on this background the course will highlight the implications for profitable air cargo and shipping operations. Particular focus will be given to fleet and network planning, revenue and cost management. The material covered in the course will take into account recent developments in global and regional economic activity and discuss implications for the various sectors of the air and seafreight businesses.
WORK6018 International Industrial Relations
Credit points: 6 Session: Semester 1,Winter Main Classes: 1 x 3 hour seminar/tutorial per week Assessment: Continuous: essay (40%), group seminar facilitation (20%), seminar particiapation and attendence (10%), in class test (30%)
This unit provides students with insights into the debate about the effect of globalisation on employment relations by using comparative analysis to identify the range of factors that account for similarities and difference in national patterns of industrial relations. The unit focuses on providing an understanding of the nature of industrial relations patterns in developed and developing market economies and invites students to compare a range of developments across these countries.
WORK6108 International Dimensions of HRM
Credit points: 6 Session: Semester 1a Classes: 39 hours in Intensive mode over 7 days Assessment: Readiness Assurance Tests (30%); Team strategy activities (20%); Critical reflective journal assignment (30%); Final strategy assessment (20%)
This unit considers the opportunities and challenges associated with managing people in international and cross-cultural contexts, with specific emphasis on international recruitment, selection, preparation, placement, management development, performance management, reward and remuneration. The unit considers the implications of internationalisation and globalisation for human resource management (HRM), the different levels of international business activity, the difference between domestic and international HRM, the challenges of cross-cultural management, models of cross-cultural management, and specific international HR processes, including selection, development, performance management, remuneration and repatriation. The unit provides students with a practical understanding of the issues and challenges associated with managing employees in international, global and cross-cultural contexts.
WORK6119 The Innovative Firm
Credit points: 6 Session: Semester 1 Classes: 39 hours in intensive mode - 6 days Assessment: Continuous: Case study reports (30%), presentations (30%) and exam (40%)
The aim of this course is to examine long run changes in the organisation and management of business enterprises. Against a background of an introduction of business history, the major themes to be covered include business strategy, marketing, employment relations, financing, governance and technology. While there is no precise chronological period, the main concentration will be on the growth of large-scale corporations from the nineteenth century to the present day. A major preoccupation of the course is to explore the factors that make an innovative firm. Some of these factors include the nature of the market, the regulatory environment, new technology and business leadership. The course will employ historical case studies and a comparative methodology and will also evaluate the way in which firms are classified as innovative by business and corporate historians.
Course rules and resolutions
These resolutions must be read in conjunction with applicable University By-laws, Rules and policies including (but not limited to) the University of Sydney (Coursework) Rule 2000 (the 'Coursework Rule'), the Resolutions of the Faculty, the University of Sydney (Student Appeals against Academic Decisions) Rule 2006 (as amended) and the Academic Board policies on Academic Dishonesty and Plagiarism.
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Course title
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FC048
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Master of International Business and Law
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0.
The attendance pattern for this course is full time or part time according to candidate choice.
0.
This master's degree is a professional master's course, as defined by the Coursework Rule.
(1)
Available places will be offered to qualified applicants ranked on merit in accordance with the following criteria:
(a)
a bachelor's degree, graduate diploma, graduate certificate or equivalent at an institution approved by the School and graded at a standard acceptable to the Faculty; and where applicable:
(b)
relevant work experience requirements as determined by the School;
(c)
satisfaction of the English language requirements; and
(d)
any other minimum standards specified by the School.
(1)
The units of study that may be taken for the course are set out in the Table of postgraduate units of study: Master of International Business and Law.
(2)
To qualify for the award of the Master of International Business and Law, candidates must complete 48 credit points including:
(a)
12 credit points of international business core units of study; and
(b)
12 credit points of law core units of study; and
(c)
12 credit points of international business elective units of study; and
(d)
12 credit points of law elective units of study.
(1)
These resolutions apply to students who commenced their candidature after 1 January, 2011 and students who commenced their candidature prior to 1 January, 2011 who elect to proceed under these resolutions.
(2)
Candidates who commenced prior to 1 January, 2011 may complete the requirements in accordance with the resolutions in force at the time of their commencement, provided that requirements are completed by 1 January, 2016. The School may specify a later date for completion or specify alternative requirements for completion of candidatures that extend beyond this time.