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).

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.

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

The unit examines transfer pricing law and practice in Australia and globally. Transfer pricing continues to be rated by tax directors as the number one international tax issue they face. The release of the revised OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations in 2017 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. In addition, the continuing work by the Inclusive Framework on the tax challenges arising from digitalisation continue to make this a dynamic area. 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 Robb, who is Manager of Legal Affairs and Compliance at the Dutch Development Bank FMO and has extensive experience in international finance.

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, Peoples 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.

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 contrasts the corporate tax systems of Australia, China, Germany and the US and will consider recent reform proposals.

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.

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.

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 Noncitizens 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 as 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.

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.

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

This unit examines the special legal protection given to consumers under the Australian Consumer Law. The unit is concerned with aspects of the liability of suppliers of goods and services to consumers, sometimes called 'post-sale' consumer protection. An assessment will be made of the effectiveness of recent legislation in this field, and there will be comparative analysis referring similar laws in other jurisdiction such as the European Community directives, related developments in the Asia-Pacific (eg Japan), and some trends in the US.

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 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, an introduction to maritime law, 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.

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.

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.

This unit will explore the notion of the global economy, highlighting its impacts on norms, assumptions and ideas we have about the purpose and operation of labour law. Students will be introduced to the architecture of international labour law by an examination of leading organisations such as the International Labour Organisation, the United Nations, the Organisation for Economic Co-operation and Development and others. We will also examine the ways in which the global trading system does (or does not) engage with labour matters, including consideration of bi-lateral and multi-lateral trade agreements. Less traditional regulatory modes such as corporate self-regulation, ethical consumerism, supply chain regulation will also be analysed. The purpose and effectiveness of these institutions and processes will be evaluated through a consideration of a number of thematic issues, including freedom of association and the protection of trade union rights, forced labour including so-called modern slavery, working time issues including working during the pandemic, and informal or non-standard work in the gig economy. We will compare some of the relevant Australian laws with those of other countries in these thematic areas.

Primarily taught by an experienced commercial practitioner, Donald Robertson, this unit will focus on cross-border commercial transactions and disputes with a transnational nature. An emphasis is placed on risk management in those transactions using the tools of private international law. Often in those transactions and disputes, the forum is itself a matter of dispute. The careful use of contractual devices might help manage that risk (litigation risk) as well as the risk of an unexpected and unwanted law applying (transaction risk). After a general introduction and refresher on the rules of private international law, we consider the management of risk in transaction planning and in the implementation of the transaction from the perspective of the rules of private international law. The unit follows chronologically the general course of a cross-border transaction, from inception to transnational dispute. There have been significant developments in the last few years whereby international cooperation in relation to these matters has produced international instruments of great utility, which instruments need to be taken into account at the transaction planning stage.

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 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.

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 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.

This unit adopts a comparative approach to understanding the dynamics of one of the most pressing global environmental concerns - global climate change. The objective is to provide postgraduate and undergraduate students with an understanding of the legal frameworks governing one of the most pressing global issues - climate change. The outcomes include detailed knowledge and comparative analysis imparted by some of the world's leading climate law academics. In particular, the overarching international legal framework - the United Nations Framework Convention on Climate Change and its successors especially the 2015 Paris Agreement - will be discussed in detail. The unit will critically assess progress in meeting the aims of the Paris Agreement. The three largest international emitters are China, the United States, and the European Union. The legal and policy responses of these three jurisdictions will be critically analysed and compared. An Australian case study is set against international legal obligations and the efforts in the highest emitting jurisdictions. Students will engage with academic literature, lectures presented in mixed media formats, small group discussion and they will be given the opportunity to contribute original research by way of the research assignment.

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.

This unit introduces the law and practice of dispute resolution in Asia, focusing on both major economies and legal systems (such as China, Japan, Korea and India) and smaller ones (especially within ASEAN). It examines the extent and mechanisms of harmonisation within Asia, particularly by examining in each of these jurisdictions how a firm would typically resolve or avoid both domestic and cross-border disputes with other firms, governments, or consumer. It covers and compares various dispute resolution processes including especially litigation, commercial and investment treaty arbitration, and mediation. The unit therefore aims to combine a broader comparative and theoretical perspective with more practical applications in managing disputes in Asia. It complements especially LAWS6932 Law and Investment in Asia.

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.

The aim of the unit of study is to consider the legal issues and transactions relating to the exploration, production, and marketing of petroleum, which, owing to its economic and strategic importance, is the most important commodity traded worldwide. Coverage includes how countries establish sovereignty and control over petroleum resources and how host governments (HGs) or their national (state-owned) oil companies (NOCs) contract with private international oil companies (IOCs) for the exploration and development of petroleum resources. The unit also examines the legal nature and protection of oil and gas exploration rights, including licensing and development issues. The core of the course describes and analyses key contracts between HG/NOCs and IOCs, as well as contracts among IOCs and between IOC ‘operators’ and petroleum-services contractors - all to facilitate petroleum exploration, development, and marketing. Because petroleum is one of the most politically charged commodities, this class will also consider extra-territorial anti-corruption law. In a broader sense, this class will help students develop better analytical skills - especially the ability to critically evaluate contracts. At the outset, the unit will consider the outlook for petroleum vis-à-vis other energy resources in light of supply, demand, climate change and the energy transition.

In contrast to traditional courses on international insolvency law, this unit will begin by discussing the issue of insolvency proceedings for states. The establishment of procedures for dealing with the insolvency of states is a fairly recent development, which can be traced to moves initiated by the International Monetary Fund during the Argentina crisis in 2001. Since then, a number of methods have been proposed for dealing with the insolvency of states in a more regulated and calculable manner than that in which the Paris and London Club has dealt with these issues over the last 50 years or so. Against this background, this unit will describe the evolution, and discuss the concept, of insolvency proceedings for states. The second part of the unit will deal with the principles of traditional international insolvency law, that is, the principles governing the situation where an insolvent company has assets in more than one jurisdiction. These principles will be exemplified by various cases from different regions of the world. This part of the unit will also consider recent developments aiming to establish regions in which particular transnational insolvency rules are applicable, the main example being the European Insolvency Regulation.

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 breakup 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.

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 to eligible students in special circumstances, and with the approval of the Program Director.

Please refer to LAWS6184 International Law Research Project A.

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 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.

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 nonproliferation. The principal objective is to give students a better understanding of the politics of arms control and nonproliferation 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.