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 explores how international law has confronted terrorist violence from the mid-19th century to the present, including under transnational and international criminal law, the law on the use of military force, the law of armed conflict, human rights law, measures adopted by the United Nations Security Council and General Assembly, and the law of state responsibility. It considers controversies about the (in)adequacy of the law in areas such as `targeted killings' (or extrajudicial assassinations?), aerial drones, detention and trial of suspects, `irregular renditions' (illegal abductions?), `enhanced interrogation' (torture?), `shoot to kill' policies, foreign terrorist fighters and citizen stripping, mass surveillance and privacy, and public emergency laws. Selected regional laws (in Europe, the Americas, Asia and Africa) and national laws (particularly in Australia, the UK and the US) implementing international obligations are also considered. The study of terrorism, and the law's response to it, is ultimately a study of when violence is justified, against whom, and for what purposes ¿ whether it is `freedom fighters' or `state terrorism', or extreme religious challenges to secular norms, at issue.

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.

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 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, an introduction to maritime law, and the management of climate change impacts on coastal and marine areas.

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.

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.

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

This unit 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 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.

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.

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.

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).

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.

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.

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.

International criminal law concerns the prosecution of individuals, mostly military and political leaders, for genocide, war crimes, crimes against humanity and aggression. After being first enforced in the Nuremberg and Tokyo tribunals after World War II, international criminal law has experienced a resurgence in the past twenty-five years. Today, trials under international criminal law are underway at the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia, and the mechanism that is finishing cases that began in the international criminal tribunals for Rwanda and the former Yugoslavia.
This unit provides a foundational knowledge of the principles of international criminal law, with reference to both historic and ongoing trials. Students will consider the roles of investigators, prosecutors, victims, lawyers, defence, judges, and States in international criminal justice, and will consider controversies and challenges facing international criminal courts and tribunals today.
The elements of genocide, war crimes, crimes against humanity, modes of liability and defences will be covered, with case studies on sexual violence crimes and the use of child soldiers. The unit also considers the interaction between the International Criminal Court, national governments, and the United Nations Security Council.

This unit of study aims to provide an in-depth analysis of international dispute resolution as a technique for resolving public international law disputes. The United Nations Charter provisions for the peaceful settlement of international disputes will be taken as creating the basic framework for the review of dispute resolution techniques. These include negotiation, good offices, mediation, conciliation, arbitration, and adjudication. Particular attention will be given to in-depth analysis of certain disputes and the legal and political techniques used in their resolution. These disputes may include the Tehran Hostages case, the Nuclear Tests case, the East Timor case, and dispute over the status of Kosovo.

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.

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.

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 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.

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

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 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.

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.

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).

The aim of this unit of study is to understand the impact of the global economy on the world of work and the nature of the regulatory challenges it presents. The unit will examine the role played by labour law in securing fair and just working conditions and effective labour market regulation by comparing various regulatory models from different national legal systems. Students will be expected to identify and attain an advanced understanding of the challenges facing the regulation of the work in the global economy with a particular focus on: sources of employment regulation and recent evolution of their hierarchy; the scope of employment protection in the light of the dichotomy employee/independent contractors; new models of work prompted by the so-called gig economy and new technologies; regulatory challenges posed by labour hire and subcontracting; the balance between workers' social needs and economic factors provided by minimum wage setting mechanisms.

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.

Covering two-thirds of the world's surface the ocean provides a range of indispensable public goods including fisheries and non-living resources and is a vital conduit for international trade. The international law of the sea regulates access to and use of the oceans, and this unit reviews the major areas of this area of international law as they have developed over the centuries. It takes as its focus the 'constitution' of the oceans - the 1982 UN Convention on the Law of the Sea. Each of the major maritime zones is assessed, and there is also a review of key sectoral issues, including the protection of the marine environment, fisheries management, navigational rights and freedoms, and military uses of the oceans. Where appropriate, reference is made to relevant Australian law and practice, and to other state practice in the Asia Pacific Region.

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.

Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law, and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia's experience of direct refugee flows has been limited, it has not escaped the phenomenon of mobile refugees. Non-citizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration, and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties, Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or 'refoule' a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection. It begins with an overview of the evolution of refugee law at the international level, considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term 'refugee' under international (and regional) law, the express exclusion of certain persons from refugee status, the rights and obligations accorded to refugees, the broadening of international protection through principles of human rights and humanitarian law ('complementary protection'), and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions, interdiction, transit processing centres, detention, and 'safe third countries' to which asylum seekers may be removed. Contemporary protection concerns, such as mass influx situations and temporary protection, flight from generalized violence and civil war, internal displacement, burden-sharing, and the question of 'economic migrants' and 'environmental refugees', are also addressed. These considerations necessarily require an understanding of the role of international organizations such UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad, and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers, refugees and other persons in need of protection.

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.

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.

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.

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

The 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 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.

This unit follows on from LAWS6063 World Trade Organization Law I (or LAWS3439 or equivalent undergraduate unit) and builds on the understanding gained there of the law of the World Trade Organization and examining some further topics on the law of the WTO with some references to bilateral or regional trade treaties. The dominant part of the unit is an extension of the consideration of the General Agreement on Tariffs and Trade (GATT) by considering the exceptions for restrictions for health, environmental, technical regulations and quarantine reasons and considering the escape clauses providing for Safeguards, Anti-dumping Duties and Countervailing Duties (including the way these escape clauses are implemented in domestic law, mostly using examples from US law). We may extend the consideration of the MFN rule by considering the exception for free trade areas and customs unions (incorporating some limited consideration of particular Free Trade Agreements). Similarly, we may extend the introduction to the General Agreement on Trade in Services (GATS) by considering some specific service sectors, and extend the introduction to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) by considering the scope of exceptions under the TRIPS.

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 LAWS6184 International Law Research Project A.

This unit is organised around the upsurge in regional economic and security cooperation within East Asia and the more nebulous Asia Pacific in the last 15 years. It also looks at academic efforts to define East Asia and the Asia Pacific as regions. The first part of the unit covers the domestic similarities in East Asia and what these mean for East Asian and Asia-Pacific regionalism. The second part of the unit covers efforts to develop regional institutions like APEC and ASEAN and the role of these institutions in spurring regionalism. While the Asia Pacific and its sub-regions are the focus of the unit, both domestic and global economic and political forces are fully integrated into discussions. The unit provides critical insights into the reasons for the upsurge in regional economic and security cooperation, its likely trajectory and how East Asia and the Asia-Pacific are defined.

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.

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 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 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.

This unit introduces students to some of the most important contemporary structural changes in the global political economy and power structure with special attention to non-state actors (including corporate ones) and global civil society. The unit begins with an outline of the dominant modes of thinking about international political and economic relations, surveys some of the main theoretical schools and then examines global politics and political economy in terms of those events and forces that have been or are capable of precipitating major change. The historical focus will be principally on the role of war (including the so-called War on Terror), globalisation, power shifts and ideological innovation (including American unilateralism and Islamic fundamentalism) in the post Cold War period. The new agenda of international politics will be explored in a theoretical perspective - including the climate change emergency and the issue of effective global governance; the struggle for global social and economic justice, and the global prospects of democracy. The unit is designed as an advanced introduction to international relations for students pursuing postgraduate studies.

Why do states behave the way they do? Using a historical perspective, this unit explores the ways in which the different theories of international relations account for what shapes the international system - who are its main actors, what are its determining forces and structures. It examines both how these theories have vied with one another within inter-paradigm debates and how they developed in relation to specific historical events. These theories include realism, idealism, neorealism, neoliberal institutionalism, Marxism, the English school, constructivism, poststructuralism, feminism, post-colonial approaches. While no prior study of international relations is required, a willingness to engage with theoretical thinking and grapple with complex questions of ontology and epistemology is essential.

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 explores the strategic relationship between the great powers in Northeast Asia, potential arenas of conflict, China and India's rise, Sino-Japanese tensions, North Korea as a potential nuclear weapon's state, inter-Korean relations and the US alliance system. Are we seeing the beginnings of a new security dilemma as Asia's rising powers extend their political and economic influence upsetting the established order? Will they challenge US strategic pre-eminence in the region ushering in a new age of super power competition, or can the region work together towards common security objectives?

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.

Alliances and coalitions are pivotal features of International Security. This unit interrogates these closely-related phenomena using a combination of conceptual frameworks to analyse them, and empirical case studies to illustrate them. The unit starts with an investigation in the thorny definitional issues that surround the distinctions between 'alliance' and 'coalition', then outlines the major conceptual theoretical works pertinent to examining these phenomena, such as 'balance of power', 'intra-alliance politics', and 'multinational operations'. Equipped with these analytical tools the students will apply these concepts to a series of major cases studies of alliance management and coalition warfare operations. Case studies include World War I and II, The Cold War (NATO/Warsaw Pact), The Gulf War (1991), the Balkan Wars (Bosnia 1992-5, Kosovo 1999) and the current 'global war on terror' (i.e. operations in Iraq and Afghanistan). Through this process students will gain both a conceptual and practical understanding of peacetime alliance behaviour and the principles of conducting military operations alongside allies. Student presentations will include an emphasis upon Australia's role as an alliance/coalition partner in historical and contemporary conflicts.

China's rise to regional and global prominence has attracted growing attention in recent years. Scholars as well as policymakers debate and assess the implications of rising Chinese power for regional security and the international system. This seminar introduces students to Chinese foreign and security policy, including its handling of major-power relations, its active pursuit of multilateral diplomacy in regional organizations and participation in international peacekeeping operations, and its changing perspectives on arms control, disarmament, and non-proliferation. It begins with a brief history of phases in Chinese foreign and security policy and then gives an overview of major theoretical approaches to the subject. These theoretical perspectives are useful in examining a wide range of policy issues, ranging from Chinese strategic modernization, security trends in the Taiwan Strait, civil-military relations, the Chinese foreign policy process, and the domestic sources of Chinese foreign and security policy. The unit is taught as a seminar, with students expected to write a book review, a research design and bibliography, and a final research paper. Students will be required to do assigned reading, participate actively in class discussions, make Oral Presentations of their book review and research paper, and serve as a discussant for one of their classmates' papers.

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.

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 critically examines the notion of state fragility within the global system. It investigates the characteristics of so-called 'fragile' and 'failed' states, and the nature of international engagement with (and discourses about) these states. It explores various perspectives on state formation in both Western and post-colonial contexts, and emphasises the ways in which knowledge is produced about non-Western states. The unit expands upon the theoretical literature with evidence from case studies in Africa, the Middle East, and South Asia.

This unit examines the drivers of conflict and insecurity in the contemporary Middle East, starting with a theoretical framework that investigates the processes of state-formation and external intervention in the region. The unit focuses on the interplay between domestic factors (such as rentierism and regime dynamics) and international factors (including geopolitics/geo-economics, and the military industrial complex), and uses several detailed case studies to explore the relationship from various angles.

This unit considers the evolving nature of security in the context of global politics. It focuses on non-military challenges to security while acknowledging the relationships between these and traditional security concerns. Among the topics considered are: international law and security; the privatisation of security; economics and security; energy resources; environmental degradation; the burden of infectious diseases; population dynamics; gender and age perspectives on security; the dilemmas of fragile and failing states; transnational organised crime; and new modes of warfare. The overall objective of the unit is to engage with issues and arguments that challenge how security is traditionally understood. Teaching and learning take place via a combination of lectures, student-led seminars, independent research, debates and case studies.

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 focuses on the strategic dynamics of the Asia-Pacific region and the security challenges it faces. It combines a grounding in International Relations theory, and concepts of strategy and security, with a series of dedicated country profiles. Issues such as great power rivalry, nuclear proliferation, terrorism, piracy, and environmental degradation are all considered. The overall objective of the unit is to engage with issues and arguments about strategy and security that relate specifically to the Asia-Pacific region. Teaching and learning take place via a combination of lectures, student-led seminars, and independent research.

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.