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

This unit will examine the growing use of individual labour and equality rights to protect working people, with the overall aim of assessing the capacity of this type of regulation to enhance justice, both in the workplace and more widely. It will use experience in the UK of a highly individualized workplace rights and enforcement system to identify strengths and weaknesses in this kind of workplace protection. This will involve consideration of EU and European Convention on Human Rights standards, while some comparative readings will also be set and students will be encouraged themselves to bring a comparative dimension to the issues and assignments. Jumping off from the UK experience, the unit will evaluate various strategies for enhancing the protective capacity of individual workplace rights. These include: (1) conceiving of such rights as fundamental human or constitutional rights; (2) imposing positive duties on employers and others to promote and secure observance of individual labour and equality rights; (3) institutional innovation to secure workplace protections, for example via equality and human rights commissions, labour inspectorates, ombudspeople, tax and criminal prosecution authorities; (4) involving third parties in the realization of individual labour standards, for example, NGOs, trade unions, parliamentary and other public inquiries, consumers, campaigners and the press; (5) focussing on employer activities that moderate individual labour and equality standards, like human resources practices, corporate social responsibility regimes and general managerial strategizing. Threaded through the unit will be consideration of different methodological approaches to legal research, with the twin goals of increasing what students take from the materials covered and of improving their legal research and analytical skills, including for use in the final essay. Prof Barmes draws on her extensive previous research in this area and her varied background, for example, in legal practice, conducting research for the Law Commission of England and Wales, as co-editor of the Recent Cases section of the Industrial Law Journal and as co-Director of the QMUL School of Law Centre for Research on Law, Equality and Diversity (LEAD).

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

The oceans cover two-thirds of the world's surface, and are vital to international commerce, are a store of important living and non-living resources, and provide indispensable environmental services including stabilising the global climate system. This unit reviews the major areas of the law of the sea as it has developed over the centuries. The unit takes as its focus the 'constitution' of the oceans, the 1982 UN Convention on the Law of the Sea and also considers a range of other international conventions and agreements, and current state practice. Each of the major maritime zones is assessed, and there is also a detailed review of several sectoral issues, including the protection of the marine environment, fisheries, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference will be made throughout the unit to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.

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. It begins with an examination of the concept of free trade, the international structures and organizations that have been created to foster the liberalization of international trade, and the scope of the law relating to international business transactions. The unit highlights the importance of ethics in international business and introduces students to the OECD Convention on Combating Bribery of Foreign Public Officials, the Foreign Corrupt Practices Act 1977 (US) and the Bribery Act 2010 (UK). It then focuses on the United Nations Convention on Contracts for the International Sale Goods (CISG), followed by a consideration of International Commercial Terms (Incoterms 2000 and Incoterms 2010) and carriage of goods, especially carriage of goods by sea. The course then deals with the Uniform Customs and Practice for Documentary Credits (UCP600), financing of exports 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, the World Trade Organization (WTO), including anti-dumping and countervailing duties law and international dispute settlement, especially international commercial arbitration.

This unit introduces students to the preferred method of resolving international commercial disputes. It aims primarily to: (a) outline key principles in the law of international commercial arbitration, and (b) 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 international commercial arbitration. In doing so the unit also briefly compares the burgeoning field of treaty-based investor-state arbitration (examined in more detail in LAWS6916 International Investment Law). This 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.

This unit aims to provide an introduction to the framework, concepts, sources and techniques of international environmental law, and to provide an overview of international law responses to current and emerging environmental challenges. The history and framework of international environmental law will be examined before exploring a range of topical international environmental law issues, including atmospheric protection and climate change, hazardous substances and wastes, biodiversity and GMOs, the protection of marine living resources, the protection of freshwater resources and issues concerning trade. The unit will also survey the influence of international environmental law on domestic environmental law through case studies. Overarching themes will include the interdependence of environmental issues, the effects of scientific uncertainty on international environmental regulation, implementation of international environmental obligations between states at difference levels of economic development and the need for effectiveness in implementation and enforcement.

The objectives of this unit are to understand and gain a sound knowledge of the legal principles and rules governing the resort to armed force by States; be able to analyse a complex factual situation, recognise the issues arising, and determine the international legal rights and responsibilities of the parties involved; and gain awareness and understanding of current issues relating to the use of force and United Nations practice in matters affecting international peace and security. The course looks at the legal principles and rules governing the resort to force by States; operation of the relevant provisions of the United Nations Charter dealing with the use of force, self-defence and collective security; relevant state practice in interpreting the UN Charter; the legal issues arising from the use of force against terrorism; the "Bush Doctrine" of pre-emptive self-defence and its legality under international law; legality of the use of force to assist rebels; the role of the United Nations in peace-building, peace-making, peace-keeping, and peace enforcement; and the legal issues arising from humanitarian intervention and the emerging principle of the responsibility to protect. This unit does not cover the law regulating the conduct of armed conflict (jus in bello), which is the subject of the separate unit LAWS6218 International Humanitarian Law.

This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It also offers some comparisons with regulation under bilateral and regional trade agreements. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.) The introductory topic considers the functions of the WTO through the consideration of some basic economics of trade and of public choice. We review 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 (and comparing with some bilateral and regional trade agreements). There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services (GATS) and compare it with the negative list approach used under some bilateral and regional trade agreements; and the rules of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks, and noting some TRIPS plus aspects of some bilateral and regional trade agreements. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination and an introduction to the rules on subsidies. We conclude with a synopsis of WTO developments to the present day. This unit is assessed in two ways: an essay on the object and function of the WTO system and its dispute settlement system; and an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.

The object of this unit is to provide an overview of the income tax system of China and a detailed analysis of the most important legislative and treaty rules of China in the area of international income tax, especially in dealings with Australia. Upon successful completion of the unit, students will have an advanced understanding of the policies underlying the Chinese rules for taxing international transactions as well as a detailed knowledge of the principles of income tax law applicable to inbound and outbound transactions. This unit includes a study of: overview of the Chinese income tax system; taxation of inbound investment into China; taxation of outbound investment from China; transfer pricing issues, and China's tax treaties.

This unit covers the domestic provisions of UK direct tax law dealing with international transactions, as well as UK treaties and the impact of EU law on the UK tax system. The UK remains one of Australia's major trading partners. UK taxation thus has significant effects for inbound and outbound investment between Australia and the UK. This unit will be of interest to tax professionals who have dealings with the UK. The objective of the unit is to provide an overview of the UK tax system focusing on cross-border investment and expatriate employment issues and a detailed analysis of the most important legislative and treaty rules of the UK in the international direct tax area, especially in dealings with Australia. Upon successful completion of the unit, participants will have an advanced understanding of the policies of the UK rules for taxing international transactions as well as a detailed knowledge of the principles of company and personal taxation applicable to inbound and outbound transactions in the UK. The unit includes a study of: 1. Overview of the UK tax system; 2. Taxation of inbound investment in the UK; 3. Taxation of outbound investment in the UK; 4. Transfer pricing in the UK; 5. UK tax treaties including the Australia UK Tax Treaty; 6. EU tax law as it affects the UK.

How will Donald Trump's presidency affect international law and international relations? How do non-state actors like Islamic State challenge the existing international order? How do we respond to international health emergencies, such as the outbreaks of the Zika and Ebola viruses? These questions all raise issues of global governance, that is, how international affairs are governed on a global scale. They also raise questions about the roles and capacities of individual states within the global order. This unit explores how current systems of global governance operate, the place of states within those systems, and the significance of law to those systems. In doing so, the unit introduces students to a range of historical and contemporary approaches to understanding the role of law in international affairs, and gives students an opportunity to consider these in relation to current events of global import. The sorts of questions with which the unit is concerned may include the following: Are systems of global governance lawful? Are they democratic? What is the role of violence in the contemporary global order? How does/should international law seek to address pressing transnational issues, such as poverty, environmental degradation, global health threats and human rights abuses?

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

Comparative International Taxation is a detailed study of the basic principles of international taxation (residence, source, relief from international double taxation, anti-deferral rules, withholding tax, transfer pricing, thin capitalisation, and tax treaties). The unit is taught from a global perspective with the emphasis being on comparative analysis (focusing particularly on Anglo, US and continental European approaches, and also developed and developing country approaches). The unit examines the core issues in developing international tax rules and identifies different approaches countries have taken in dealing with these issues. As part of this study, recent trends in international tax rule development will be identified (particularly in the context of globalisation) and critiqued. Students should gain an understanding of the different approaches that countries have taken in the development of their international tax rules.

International finance is front page news: from litigation against mis-selling banks, to the fall-out of the sovereign debt crises (bail-in), the contentious role of activist hedge funds and the (over)reliance on rating agencies, there is no escape. Banks are perhaps still on the back foot, having to prove their value to the community by mains of delivering sustainable finance. This unit introduces and digs deep into the suite of international financial transactions, with a profoundly practical perspective, whilst also showcasing sustainable and development finance in practice.
Key pillars of the unit include lending, capital markets instruments, derivative markets and project finance. Within each pillar specific financial products are analysed, both from a legal and structuring perspective. We look at lending and negotiate a term sheet. We uncover the drivers and documentation of structured finance products such as securitisation and covered bonds. We will also look at the international regulatory reform of for instance the derivatives market and its impact on documentation. Insight is given into credit derivatives. Investor litigation is also a prominent feature of the unit. The lecturer shares his own transactional experience in development finance, from Asia to Africa and Latin America. Guest lecturers from top tier law firms and major banks explain transactions and risks, giving a broader perspective. Case studies and a negotiation session are also included, making this a both challenging and exciting unit. Bottom line: this unit will enhance your skills for application in legal practice. No prior experience in the financial markets is required. To assist students in getting up to speed, some materials will be shared on-line before classes commence.
The lecturer is Jan Job de Vries Robbé, who is Manager of Legal Affairs and Compliance at the Dutch Development Bank FMO and has extensive experience in international finance.

Today there is an apparent consensus in favour of corporate responsibility, as reflected in instruments such as ASX Principle 3 ("Act ethically and responsibly"), but behind the appearance of consensus lie difficult questions of principle, policy and practical application. This unit aims to equip participants to engage in a sophisticated manner in the analysis of such questions. The seminar is organized around two broad themes. First, the seminar will examine corporate responsibility in the traditional sense of the consideration that corporations may be expected to give to the impact of their activities have on society, even as they strive to earn profits for their shareholders. Topics include environmental responsibility, corporate philanthropy, and the respective roles of directors, managers and shareholders. Second, the seminar will deal with current debates about the rights and responsibilities that arise from corporate personhood, including those concerning corporate criminal responsibility, corporate political participation, and the status of corporations under international law. Participants will learn to work with relevant primary and secondary legal materials, including materials from selected foreign jurisdictions, especially in North America. They will also become familiar with the conceptual tools available from various interdisciplinary perspectives (e.g., law, economics, philosophy, politics) for analysing problems of corporate responsibility.

In this unit, the environmental law and policy of selected countries and regional organisations in the Asia Pacific will be studied against the background of relevant international environmental law and institutions. Unit topics will be divided into four sub-regions: Pacific Island Developing Countries; South East Asia Region (ASEAN and Mekong countries); North Asian Region (Japan, People's Republic of China); South Asian Region (South Asian Association of Regional Cooperation [SAARC] Countries). In relation to each region, the implications of international and regional environmental law and institutions will be explored, followed by country specific case studies involving a range of issues such as biodiversity, access to modern energy services, natural resources and environmental planning; industrial pollution; environmental impact assessment; climate change; and protection of the marine and coastal environment. Case studies on regional environmental issues such as ASEAN Haze will also be included.

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

Globalisation is driving corporate tax systems closer together and often into conflict. For many tax practitioners, it is now not enough to know their own corporate tax system - they must grapple with and question the operation of other corporate tax systems. This unit seeks to develop an ability to understand and analyze any corporate tax system and assess its impact on corporate decision making. With a dedicated textbook (written by the presenter), it does this by comparing a number of influential and archetypal corporate tax systems (both common law and civil law) and assessing their behaviour in the context of a number of practical problems. For tax professionals, the unit develops an ability to ask direct and informed questions about a foreign corporate tax system and discuss that system at a high level with foreign tax professionals. Topics include: corporate entities and hybrids, groups, interface with accounting, service companies, debt vs. equity, dividend relief, cross-border issues, incorporation, takeovers, trading in loss companies, share buy-backs, liquidation, bonus issues, convertible notes, mergers and demergers. This unit considers and contrasts (to the extent relevant) the US tax reforms implemented at the start of 2018.

This unit introduces students to the principles and practice of international human rights law - a field of public international law and policy of ever-expanding dimensions. It will introduce students to some key concepts, debates, documents and institutions in this field, while encouraging critical examination of these from a variety of angles. In summary, this unit considers the question: what happens when we regard a situation or predicament as one involving a breach of international human rights law - what possibilities and problems does this entail? Addressing this question, students in this unit will examine: (a) forums where international human rights law is being produced (international tribunals, domestic courts, multilateral bodies - including United Nations organs - regional agencies, non-governmental organisations, academic institutions, and the media); (b) settings where international human rights law is being deployed (in Australia and elsewhere); and (c) particular identities/subjects that international human rights law aspires to shape, regulate or secure. By the end of this unit, students should be able to formulate written and oral arguments by reference to key international human rights law instruments and principles; give strategic advice as to available avenues of recourse in international human rights law; and advance an informed critique of particular dimensions of international human rights law scholarship and practice, by reference to contemporary literature in this field.

This unit of study consolidates and builds upon knowledge gained in LAWS6243 International Law I. The relationship between international law and domestic law is explored in depth, both in a comparative perspective and with reference to the impact of international law on Australian law and legal institutions. The unit also addresses specialist topics not covered, or only briefly covered, in LAWS6243 International Law I, which may include a more detailed examination of the limits of state jurisdiction, the role of the individual in international law, international human rights, and the right of states to respond to international wrongs. Other topics of current interest in public international law will also be examined, with students given an appreciation of the role and relevance of international law in major events in contemporary international affairs.

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

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

Australian International Taxation is a detailed study of the fundamental principles of Australia's international taxation regime as it applies to cross-border business and investment transactions. The unit focuses on corporate residence, source, non-resident withholding tax, relief from international double taxation, CFCs, transferor trusts and transfer pricing. This advanced 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 focuses on the international tax rules in Australia's domestic law. Although the role of double tax treaties is introduced, double tax treaties are covered in the companion unit Tax Treaties. Students should gain an understanding of the policies underlying Australia's rules for taxing international transactions, as well as a detailed knowledge of the foundation principles of law applicable to the taxation of inbound and outbound transactions.

How to limit and regulate violence in times of war or armed conflict is one of the most pressing challenges for international law. This unit introduces you to the principles and practices of international humanitarian law ('IHL'), also known as the laws of war or the law of armed conflict, including treaty law and customary international humanitarian law. This unit explores: the origins, purposes, sources and critiques of IHL; its scope of application (spatial, temporal and personal); the different types and thresholds of conflict (including international, non-international and 'transnational' conflicts); the status and treatment of combatants and non-combatants and other categories (such as spies, 'unlawful combatants' and 'terrorists'); the permissible means and methods of warfare (including the principles of distinction and proportionality, and prohibitions and restrictions on certain weapons such as chemical, biological and nuclear weapons); the difference in rules governing international armed conflicts (IACs) and those governing non-international armed conflicts (NIACs); the relationship between international human rights law and IHL; and the relationship between the international terrorism suppression regime and IHL.

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

This 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 Health 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.

This unit examines legal and policy frameworks for the management of coastal and marine areas in Australia. Topics addressed include the characteristics of Australian coastal and marine environments, the constitutional framework for the management of offshore areas, the regulation of marine pollution, marine parks and reserves, fisheries management, the regulation of offshore oil and gas resource extraction, and the management of climate change impacts on coastal and marine areas.

Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions, engage in climate change adaptation and disaster risk reduction, and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation, disaster risk reduction, sustainable development, Human Rights and human security. Via detailed examination of recent law and policy initiatives from developed and developing countries, this unit offers students a unique approach to human and non-human Climate Justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science, economics and their interfaces with the climate law-and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) to the 2015 Paris Agreement.

The unit is set up around a series of major policy questions central to the gender equality agenda, and linked to the post 2015 international development debates. Following an overview session about global and regional patterns, the unit will tackle a series of major policy challenges in turn, concluding with an examination of major global proposals. The unit will go beyond gender inequality in the labour market to explore patterns of violence and political participation, and the role of quotas, including on corporate boards, among others. Links to legal reform and human rights will be explored. Students will be asked to work on a specific policy challenge, applying and developing the findings discussed in class and in the readings. The unit is designed to facilitate student questioning, engagement and participation. No specific textbook is prescribed. There will normally be 2 to 3 required readings for each day, a paper and/or book chapters and additional readings for greater depth.

The unit grapples with the issues of global energy and water security at a time of climate change and considers how different jurisdictions such as the United States, the European Union and Australia have developed very different law and policy responses to the issues. It investigates the inevitable links between energy and water security such as where governments choose to rely on hydroelectric power to generate renewable energy at a time of water scarcity, or where the extraction of energy resources might impact on water and food security. Australia is used as a case study to critically analyse how National Competition Principles and deregulatory tendencies may persuade governments to establish national markets to try to best allocate scarce resources. Australia's National Electricity Market and national water trading markets, as well as the corporatisation and privatisation of energy and water utilities, provide fascinating examples of this.

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

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

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

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

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

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 standards of protection contained within investment treaties (such as the fair and equitable treatment standard, and the prohibition on expropriation without compensation), recent arbitral awards, and considers controversial issues surrounding investor-state arbitration. It examines the procedural framework for investment treaty arbitration under the auspices of the International Centre for 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. It also examines recent developments including the negotiation of mega-regional trade and investment agreements, such as the Trans-Pacific Partnership Agreement and the negotiations towards the Transatlantic Trade and Investment Partnership.

Today, domestic health and global health are recognized as intertwined and inseparable. The determinants of health (e.g. pathogens, air, water, goods, and lifestyle choices) are increasingly international in origin, expanding the need for health governance structures that transcend traditional and increasingly inadequate national approaches. In this unit, students will gain an in-depth understanding of global health law through careful examination of the major contemporary problems in global health, the principal international legal instruments governing global health, the principal international organizations, and innovative solutions for global health governance in the 21st Century. Class sessions will consist of a combination of lecture and interactive discussion, culminating in a global health law simulation. The class will cover naturally occurring infectious diseases (e.g. extensively drug resistant tuberculosis, malaria, Zika virus, and HIV/AIDS), past (e.g., SARS, influenza A H1N1 and Ebola) and future (e.g., Influenza pandemics), bioterrorism events (e.g., anthrax or smallpox), and/or major chronic diseases caused by modern lifestyles (e.g., obesity or tobacco use).

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

The aim of this unit is to provide students with a broad overview, on a comparative basis, of the key legal issues commonly faced when investing and doing business in Asia. This unit looks at the regulation of investment across chosen jurisdictions across Asia, including Japan, China and Southeast Asia (particularly Indonesia, but it may also look at jurisdictions such as Malaysia, Thailand, Myanmar and India) and compares them with each other and with the Australian regulatory system. It also looks at international treaties which increasingly impact on foreign trade and investment regulation in the region; aspects of corporate governance, contract and/or competition law; corporate social responsibility and anti-corruption law; dispute resolution (especially international commercial and investor-state arbitration); and key issues in modern comparative law which may assist students in their study of 'foreign' legal systems. The unit also involves case studies and occasional guest lecturers.

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.
The lecturer is a barrister at New Chambers, Sydney. He is a former Rhodes Scholar and holds a D.Phil. from Oxford University.

This advanced unit considers specialised topics in the area of tax treaties, largely reflecting the work of the OECD and United Nations on tax treaties currently and in the last decade, particularly the OECD/G20 project on Base Erosion and Profit Shifting (BEPS). Topics covered include OECD and UN policy development processes, high value services and the digital economy, transfer pricing, harmful tax practices, treaty abuse, non-discrimination, entities and tax treaties (especially partnerships and collective investment vehicles), transparency and assistance in collection, dispute resolution, and the BEPS multilateral instrument. Upon completion of this unit, students will have a detailed understanding of the current driving forces and issues in the development of tax treaties and other international tax standards.

This unit provides a framework for understanding the role of law in: the discovery, financing, development and utilisation of energy and resources projects; energy trading on wholesale markets; mining and resources projects, including competition issues and access to essential infrastructure; addressing potential sources of conflict in the energy and resources sector including in dealing with international trade, native title and other indigenous issues, environmental and corporate social responsibility issues; and current national and international energy and resources controversies. Previous topics have included the role of renewable energy in energy security, challenges posed by energy and resources projects in Africa, conflict between Europe and Russia over gas supplies, energy storage, coal seam gas development, international maritime disputes in Asia over offshore oil and gas fields, corruption and transparency, and the Resource Curse in developing countries.

This unit exposes students to the role and limits of law in addressing acute problems of socio-economic development and human rights in developing countries, through an interactive field school conducted over two weeks in Nepal, one of the world's poorest countries. The themes to be explored are likely to include: The transition from armed conflict to peace in the aftermath of a Maoist insurgency and the end of the monarchy in Nepal (including issues of transitional criminal justice, the drafting of a new constitution, and building a new legal and political system in light of Nepalese legal traditions and foreign legal influences); The protection of socio-economic rights (including rights to food, water, housing, and livelihoods), minority rights (of 'tribals', and 'dalits' in the caste system), and the 'right to development' under constitutional and international law; The interaction between local disputes over natural resources, human displacement caused by development projects, environmental protection and climate change in the context of fragile Himalayan ecologies; The legal protection of refugees (Tibetan or Bhutanese) in camp or mass influx situations, in the context of the limited resources of a developing country and the causes of, and solutions to, human displacement; and The experience of women in development and human rights processes. The issues will be drawn together by reflection upon the influence of, and resistance to, human rights and international law in developmental processes.

This unit is for law graduates who have, or intend to have, a practice that exposes them to cross-border financings and acquisitions. The unit highlights the distinctive concepts and practices relating to overseas securities and corporate laws in cross-border transactions (focusing to a significant extent on US laws and practices). It concentrates on resolving the challenges non-Australian issues can pose to transactions even if Australian law applies to many aspects of the deal. The US segment will begin with a brief examination the US Federal system in which corporate and securities law responsibility is allocated between the states and Federal government, proceed to a detailed discussion of the process of offering securities in the US and how it can affect non-US offerings in practice, and finally will conclude with an exploration of the regulation of takeovers under US law. Significant US M and A concepts and practices, including mergers, break-up fees, poison pills, and proxy fights will be discussed. The remainder of the unit will focus on deal regulation of selected other overseas jurisdictions in which there have been recent activity. We will also examine practical consequences of the regulatory requirements of these jurisdictions, particularly in so far as they relate to M and A, as well as certain subjects that have worldwide applicability. The unit will be taught by a series of seminars, and may include an occasional guest lecture/panel discussion. The purpose of the unit is to assist Australian and other non-US lawyers in: identifying potential cross-border issues; and being creative in solving the challenges that arise in international securities transactions.
The lecturer is the Dealpolitik Columnist for The Wall Street Journal and a former M and A partner at leading US law firm, Skadden, Arps, Meagher, and Flom LLP.

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 and 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 and Law. There will also be a visit to a Chinese law firm.

The goal of this unit of study is to provide Master of International Law students with an opportunity to pursue advanced research in an area of their choosing, under the limited supervision of a School member. The unit is only available in special circumstances, and with the approval of the Program Coordinator. Please refer to the Sydney Law School website for details on eligibility criteria and application material.

Please refer to LAWS6184 International Law Research Project A.

The unit aims to provide students with an overview of the recent development of links between environmental law and human rights at both international and national levels. It will initially introduce the principles of international environmental law, and the relationship between the environment and human rights, with both ecocentric and anthropocentric approaches to be canvassed. The right to development, and especially the linkage between poverty, development and the environment, will be explored. Individual topics will include the relationships between human rights and pollution, land degradation, climate change, water security, implications of international trade, Indigenous peoples, biodiversity, genetic resources and access to nature. The human rights dimensions of environmental, cultural and social impact assessments will also be included. The unit will conclude with a discussion of the issue of access to environmental justice as an aspect of human rights, and the institutions relevant to achieving environmental justice.

Climate change impacts are already being felt around the world and governments are called upon to reduce greenhouse gas emissions, engage in climate change adaptation and disaster risk reduction, and respond to the loss and damage caused by climate disasters. Climate disasters demand an integration of multilateral negotiations on emissions reduction and adaptation, disaster risk reduction, sustainable development, Human Rights and human security. Via detailed examination of recent law and policy initiatives from developed and developing countries, this unit offers students a unique approach to human and non-human Climate Justice and its application to all stages of a disaster: prevention; response, recovery and rebuilding; and compensation and risk transfer. The role of insurance plays an important part in compensation and risk transfer. The unit of study comprehensively analyses the complexities of climate science, economics and their interfaces with the climate law-and policy-making processes, and also provides an in-depth analysis of multilateral climate change negotiations dating from the establishment of the 1992 United Nations Framework Convention on Climate Change (UNFCCC) to the 2015 Paris Agreement.

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

Southeast Asia's economic experiences and socio-political challenges will be examined within an historical and comparative context in order to better appreciate the economic continuities, understand the major socio-political dilemmas and changing patterns of development. Themes such as the significance of colonialism on post-colonial economies and polities, role of the state in the national and global economy, causes of the region's high-speed growth in the 1980s and 1990s, subsequent economic downturn and future prospects, changing complexion of foreign investment, significance and operational dynamics of the Overseas Chinese Business Networks, salience of socio-economic and ethnic tensions, contradictions associated with the promotion of open economies within authoritarian political structures, the relationship between economic and political corruption, prominence of political Islam, rise of civil society actors, implications of the national and regional reserve army of labour, efficacy of the Association of Southeast Asian Nations (ASEAN) and the region's economic and security links with Northeast Asia will be analysed.

This unit will examine the internal governance of the People's Republic of China and aspects of its external relations. It begins by tracing the emergence of the PRC's political system after 1949, focussing on key features of Maoism and the rationale of Post-Mao reforms. It then considers the remarkable economic, demographic and social changes that have occurred in recent years and how China's government has responded to a range of crucial challenges. In particular the unit will provide critical insights into how concepts like democracy, human rights, civil society and 'rule of law' have developed within the Chinese context. Finally the unit will analyse the impact of 'globalization' on China's political system.

This unit aims to introduce students to how states and other actors in the international arena cooperate to build institutions as a response to common problems. After completing the unit students should be able to analyse contemporary international organisations to see how they work, whose interests they serve, and to what degree they attenuate or enhance the power of sovereign states.

This unit reviews developments in international security since before World War l, to recent events like September 11 and its aftermath. The principal focus is on developments since the end of the Cold War and the collapse of Communism. The unit takes account of traditional notions about the causes of war and the conditions of peace, as well as changes in the structure and process of contemporary international relations.

This unit examines the environment as a political and policy issue. Although relatively recent, the environment has become a full-fledged public policy issue exerting influence in local, national and international arenas. The unit will first focus on the specific features of the policy that influences the capability of contemporary societies to enhance the management of environmental resources and of public goods in general. Second, it discusses the development of environmental policy in Western countries, with a particular emphasis on the European Union. Third, a grid for the analysis of environmental policy will be presented, with a discussion of the main actors (political, institutional and socio-economic) involved in it and of the factors (interests and ideas) influencing their positions. Fourth, the unit briefly discusses environmental conflicts and consensual approaches used for tackling them.

This unit examines the challenges of modern representative government. Comparing models of democratic politics, we assess the continuing relevance of political institutions, such as parliaments and parties, and consider political processes, citizen disengagement and new forms of participation.

This unit provides an overview of contemporary debates about policy making in democratic states, such as Australia. It examines how 'governance' is constituted by the interaction between the state and civil society. Governance is an emerging area of interest for both government and non-government organisations, and this unit analyses the way these social, economic and political organisations interact to both create public policy agendas and lead to social and political change. The unit covers the configurations of policy communities, political networks and social movements which shape both representative and participatory democratic practice. There is a particular emphasis on understanding the strategies that different political actors adopt.

This unit will offer a broad overview of a key contemporary issue in environmental politics. Topics could include climate change policy, environmental justice, food security and politics, sustainable cities, or timely issues in the Australian or global context. The goal will be to ground these issues in the relevant literatures of politics and environmental studies. Check with the unit coordinator or Department for the particular topic to be addressed in any given semester.

This unit introduces the students to the Theories of International Relations through an in-depth, close up and rigorous reading of the core texts that have shaped the discipline's history; ranging from classical realism, to various strands of liberalism, constructivism, post-structuralism and post-colonial approaches. Through an active engagement with the discipline's founding texts students will deepen their knowledge of the discipline and hot it has developed in relation to key events in world politics. Seminar discussions will be based on the method of textual analysis.

Much recent attention has focused on preventing corruption and improving ethics in public sector organisations around the world. This unit equips students to identify and analyse different forms of corruption and ethical failure, and to reflect critically on the best ways of combatting corruption and enhancing ethics in the public sector. The unit takes a comparative approach to these issues.

This unit will examine critical perspectives on international development. It will explore key questions concerning development, including: Have efforts to 'reduce poverty' been effective? What are the various meanings associated with development concepts like 'building capacity' and 'empowerment'? Is there any consensus about what development is and how to 'do' it? The unit will include an analysis of how much has been learned about development over the last fifty years. Finally, the unit will consider what role might individuals take.

This unit of study will examine a current national or international public policy process, issue or sector. It will deal with contemporary themes and issues in terms of ground level policies, as well as wider conceptual frameworks to help explain them.

'The leader points the way.' Eleanor Roosevelt. Leadership is a story that resolves these questions: What is a leader? What kinds of leaders are there? Is democratic leadership different from other kinds? Is leadership in a local community similar to that in national politics or international politics? Are leaders made or born? Is leadership generic? Is it the same in Europe and Asia? What is the difference between a leader and a manager? This unit reviews and evaluates theories of leadership. Participants' experiences and perceptions of leadership are an important part of the unit.

This unit focuses on the nature of public policy and the processes by which it is produced. Relevant issues are common to all nation states, although they take specific forms in each individual country. First, the unit takes an overview of public policy - dealing with basic themes such as 'What is policy?' through to different approaches to understanding the policy process. These include policy cycles, rationality, interest groups, institutions, and socio-economic interests. Second, it maps out and examines the main components of public policy making: actors, institutions and policy instruments. Third, it focuses on aspects of policy-making processes which often attract a high level of attention from analysts. These include problem definition, agenda setting, decision-taking, policy implementation, policy evaluation and crisis policy-making. Fourth, it examines wider issues in terms of the state and who ultimately holds power over the making and shaping of public policy. Finally, it examines the 'bigger pictures' of long term policy trends, and the extent to which national policy making capacities and processes have been affected by globalisation. Assessments offer a large element of flexibility, allowing students to concentrate on areas of particular interest.

The course is focused on two major concepts which are mobilised in the explanation of the way we are governed: 'public policy' and 'governance'. It aims to clarify what is meant by these constructs, and how they can be used in the analysis of governing. It examines the argument that 'governance' denotes a change in the way we are governed, and works through a combination of analytic development and detailed empirical cases to establish the significance of these concepts in both the analysis and the practice of governing.

This unit outlines some of the most important developments in contemporary public management and governance and how these relate to the everyday practices of those working in the public sector. It uses examples drawn from a number of OECD countries to: critically analyse the forces that have driven the move towards 'public management'; examine the theory and practice of 'public governance'; evaluate the merits of these developments; and apply this knowledge to better understand specific developments across different contexts.

This unit examines the interplay between international and domestic policy making. It evaluates the international context of policy making and public management in domestic arenas, attending to the roles of international governmental organizations and treaties, pressure groups, and multinational corporations in shaping policy decisions. It evaluates the diffusion of policy ideas and programmes internationally and the transfers of policies from one country to another and interrogates the factors that facilitate or frustration implementation.

This unit assesses the political and security significance of disease-related events and developments. Whether one contemplates historical experiences with smallpox, the contemporary challenges posed by diseases such as HIV/AIDS and SARS, or the risks arising from new scientific developments such as synthetic biology, it is clear that diseases exercise a powerful influence over civilised humankind. The unit concentrates on areas in which human health and security concerns intersect most closely, including: biological weapons; fast-moving disease outbreaks of natural origin; safety and security in microbiology laboratories; and the relationships between infectious disease patterns, public health capacity, state functioning and violent conflict. The overall aim of the unit is to provide students with a stronger understanding of the scientific and political nature of these problems, why and how they might threaten security, and the conceptual and empirical connections between them.

This unit introduces students to the basic knowledge of the issues, challenges, and policies related to nuclear arms control and non-proliferation. The principal objective is to give students a better understanding of the politics of arms control and non-proliferation and help them develop the analytical skills for undertaking policy-relevant research and the ability to develop policy recommendations. The unit is also designed to examine proliferation problems and the ways that arms control can contribute to national and regional security.

This unit aims to supply students with an introduction to military affairs and the conduct of war. It considers the complex relationship between politics and strategy and examines strategic thought, the application of land/air/space/naval power and military technologies. It applies this knowledge to interactive case studies before proceeding to investigate more contemporary strategic problems such as the 'revolution in military affairs', 'new' wars, and counter-terrorism and counter-insurgency.

The digital revolution has created new frontiers of information that influence almost every aspect of our lives. But does cyberspace also threaten our security? What are the methods and motives for attack? And how can state and non-state actors respond? Drawing on a unique combination of expertise from the Centre for International Security Studies and the School of Information Technologies, this unit introduces students to the technical and political concepts that are necessary to answer these important questions.