International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets. 

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Joshua P Meltzer is a Senior Fellow at the Brookings Institution in Washington DC and adjunct professor at the Johns Hopkins School for Advanced International Studies where he teaches international trade law. He is a leading scholar on digital trade issues, consults governments, the World Bank and the World Economic Forum and was appointed an expert witness in digital trade and privacy litigation.

Principal topics include:

• Overview of the globalisation of the internet including global trends in internet access and use  
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

This subject provides an introduction to the global law relating to international commercial contracts. A major focus will be on contracts of sales, as codified by the Vienna Convention on the International Sale of Goods (CISG). However, some issues of the general law of contract will also be covered in detail (eg formation, interpretation, third party rights, the duty of good faith and fair dealing). The treatment of some of these topics will be based on an examination of the 2016 UNIDROIT Principles of International Commercial Contracts (PICC). The approach is comparative. Examples will be drawn from the decisions of national courts as well as arbitral awards.

Principal topics include:

• Global commercial contracts
• Applicability and application of the CISG and the PICC
• Interpretation and supplementation of the CISG and the PICC
• Contract formation
• Interpretation of international commercial contracts
• Third party rights
• Obligations of sellers and buyers
• Contractual remedies
• Good faith and fair dealing
• Transnational commercial dispute resolution.

This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.

Principal topics may include:

• Basic trade contracts and common trade terms
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Customs law, including classification and valuation of the goods
• Import and export restraints
• Regulatory issues and red tape
• Franchising
• Intellectual property rights, including parallel importation of goods
• Foreign direct investment.

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Principal topics include:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF). This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum. It begins with a historical and theoretical background to the field before turning to focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. The subject then considers international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

Principal topics include:

• Nature, evolution and context of international economic law
• The law of the WTO
• Dispute settlement in the WTO
• International investment law
• Investor-state arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention
• International financial institutions (particularly the IMF and the World Bank).

International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject explores a series of case studies to evaluate the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.

Principal topics include:

• Nature, evolution and context of international investment law
• Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization (WTO)
• Scope of protection: definition of ‘investor’ and ‘investment‘
• Relative obligations of non-discrimination: most-favored-nation (MFN) and national treatment
• Obligation to accord foreign investors ‘fair and equitable treatment‘
• Expropriation and the quantification of compensation
• Contract claims versus treaty claims: the ‘umbrella’ clause
• Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention.

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of issues such as dispute settlement, self-determination, decolonisation, diplomacy, international criminal law and human rights law. Contemporary examples will be used to enrich student learning. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Principal topics include:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality
• Jurisdiction of states and jurisdictional immunities
• The responsibility of states and individuals for violations of international law
• The role of the UN and regional organisations
• Peaceful settlement of disputes and the functions of the International Court of Justice
• Regulation of the use of force in international relations
• The relationship between international law and municipal law.

International trade is of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject considers the private commercial legal issues that arise when goods are traded from one country to another, framework contracts such as agency and exclusive distribution, as well as public international law issues that arise when governments try to influence the subject of international trade. The goal of the subject is to give some sense of how the private commercial aspects of trade create issues for government-to-government relationships about trade, and vice versa.

Principal topics include:

• The contracts by which trade in goods takes place: sale, transport, payments and insurance
• Marketing and licensing structures: distributors, agency, franchising, licensing and transfer of technology
• The impact upon trade of international institutions and agreements: the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO)
• Impediments to, and regulation of, international trade: anti-dumping, duties and antitrust
• Regulation of international investment
• Conflict of laws issues in international trade
• Resolution of disputes in international trade litigation, arbitration, alternative dispute resolution and the recognition of foreign judgments and awards.

In this subject, students will act as lawyers advising an international investor in a hypothetical investment project in a developing Asian jurisdiction (based on real life experience of the subject coordinator). Students must identify the legal risks and potential disputes in this developing environment and advise ways to mitigate such risks and avoid or resolve disputes. Students will study relevant laws, draft contractual documents, analyse legal issues, give advice, negotiate with the local government, project finance lenders and other parties and bring the deal to closure.  Students are also involved in a dispute scenario arising out of the transaction.  After the subject, students are expected to have an overview of the key risks and potential disputes in investment deals in developing Asian systems and ways to mitigate such risks through negotiation and documentation. Students can also research more deeply into particular legal issues such as expropriation, change in law, currency conversion or performance by state-owned companies and dispute resolution. Throughout the subject, students will study different areas of law such as investment, administrative, conflict of laws and international dispute resolution.

Principal topics include:

• General overview of risks and potential disputes for investors
• Risks of expropriation
• Risks of illegality
• Performance by state-owned enterprises
• Currency conversion
• Permits and regulatory approvals
• Choice of law, dispute resolution and the arbitration process
• Negotiating with local counterparties and international project finance lenders
• Resolving disputes and closing the deal.

The actions and activities of international organisations have been much scrutinised in recent years. This subject will focus on the law common to international (inter-governmental) organisations in order to understand the complex legal framework which governs their work. It will critically analyse the features of such organisations in light of recent practice and case law, with a particular emphasis on issues that have arisen in the major global inter-governmental institutions (for example, the United Nations) and regional organisations (for example, the European Union and ASEAN). The subject will highlight recent controversies in international organisations to illustrate the application of the law to complex factual situations.

This subject will be of interest to students with a desire to develop their understanding of the role of international organisations and the legal regimes which govern their work. Alison Duxbury is a Professor at the Melbourne Law School and an Associate Director of the Asia Pacific Centre for Military Law. Alison's major research interests are in the fields of international institutional law and human rights law.

Principal topics include:

• Historical development of international organisations and theories concerning the place of international organisations in the international community
• Legal status of international organisations in international and domestic law (including legal personality, privileges and immunities, and law-making function)
• The United Nations and related agencies (structure, membership and participation, powers, efficacy, proposals for reform)
• Regional organisations, particularly in the Asia-Pacific region (for example, ASEAN), and their prospects for future development
• The relationship between international organisations and other actors in the international community, including member states, non-member states and non-governmental organisations
• The accountability and responsibility of international organisations for their actions.

The World Trade Organization (WTO) is at the centre of ongoing debates concerning both fragmentation of public international law and persistent inequities between developed and developing countries. It also provides one of the most active systems in the world for resolving international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law. The instructors are both leading scholars in WTO law and former Legal Officers with the Appellate Body Secretariat of the WTO.

Principal topics include:

• History and objectives of the WTO
• WTO dispute settlement
• Core disciplines under the General Agreement on Tariffs and Trade 1994 (GATT 1994):
  • Tariff bindings
  • Non-discrimination (most-favoured nation (MFN) and national treatment)
  • Prohibition on quantitative restrictions
• Exceptions to WTO commitments, eg environment, health, public morals, culture, free trade agreements, and special and differential treatment for developing countries
• The regulation of trade in services under the General Agreement on Trade in Services (GATS)
• Current challenges facing the WTO and the Doha Development Round of negotiations.