Graduate Diploma in International Economic Law

This subject will examine the nature and capacity of international law to accommodate both environment and development objectives. It will explore the meaning of ‘development’, the legal basis for promoting development, and the ways in which states balance environment and development considerations in international law. The nexus between development and the environment in international law is complex.  International laws protecting the environment have evolved to take account of development considerations. Environmental treaties such as the United Nations Framework Convention on Climate Change provide for different commitments from developing and developed countries. Meanwhile, international cooperation fostering development has been shaped by environmental protection. Economic instruments, such as those governing international trade, impact on environmental regulation, and development lending is often linked to environmental performance. The catch-all concept of sustainable development is invoked by states to combine consideration for environmental, economic and social development imperatives leading to contested outcomes.

Principal topics include:

• The historical evolution of the concept of ‘sustainable development’ in international law and the crafting of ‘Sustainable Development Goals’
• A critical appraisal of characterisations of ‘rights’ to a clean environment and to development in international law
• Case studies demonstrating how international laws to protect the environment take account of development considerations
• Case studies demonstrating how international economic instruments impact on or integrate environmental protection
• A critical assessment of the role of international law in states’ cooperative efforts to balance environment and development objectives.

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.

The International Monetary Fund (IMF) and the World Bank are arguably the two least understood and most controversial international organisations. Both are key components of the international financial system and significant players in the worldwide response to the Global Financial Crisis. They also play a vital role in national economies (as seen for example in the IMF’s involvement in the Euro-zone rescue and its analytical work on the historic rise in sovereign debt). This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. 

It is taught by Katharine Christopherson, Assistant General Counsel in the IMF Legal Department, and Danielle Malek Roosa, Senior Counsel at the World Bank. The subject provides a valuable insider’s perspective on the ‘Bretton Woods‘ institutions.

This subject examines the global financial order, with a strong focus on the international monetary system and the IMF.

Principal topics include:

• Key institutions of the global financial order, namely the IMF and the World Bank, including their history, powers, policies, practices and political and economic rationale
• The role of these institutions within the globalisation debate
• The linkages between these institutions and other institutions, including the World Trade Organization (WTO)
• The IMF, including its Articles of Agreement, IMF surveillance and conditionality
• The role of the IMF in the prevention and resolution of financial crises
• The institutions of the World Bank Group, their Articles of Agreement and their respective roles in promoting development
• The role of human rights and other ‘political issues’ in the work of the World Bank
• Current challenges to the IMF and the World Bank, and proposals for their reform.

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.

Intellectual property (IP) – how effectively it is protected and how it is balanced with other policy domains such as public health – occupies a central, if contested, place in international trade relations. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organization (WTO) system of multilateral trade law, in the form of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by the World Intellectual Property Organization (WIPO).

Yet recent years have seen a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result is an intricate array of overlapping substantive standards and parallel forums for dispute settlement. This subject enables the student to navigate this complex legal landscape and to deal with its consequences from the point of view of dispute settlement practice, from the perspective of legal principle and public policy impact, and in terms of international governance and the management of trade and political relations. The lecturer offers insights from extensive experience as a senior official in both the WTO and WIPO, as an Australian official engaged in litigation and negotiation, and as a legal and policy analyst.

Principal topics include:

• A practical anatomy of international intellectual property conventions, standards and institutions: from the creation of the major multilateral systems within WIPO and the WTO, to the current trend towards bilateral and regional deals
• The political economy of international intellectual property: the economic, political and technological factors driving disputation over IP and the creation of competing dispute settlement mechanisms
• The core principles of international IP law: IP principles and the idea of 'balance', the preservation of 'space’ for domestic law and policy, and the integration of trade law and public policy principles into international IP law
• The distinctive features of international IP dispute settlement: cause of action, sources of law, remedies and challenges for treaty interpretation
• Dispute settlement practice and emerging TRIPS jurisprudence under the WTO: a survey of TRIPS disputes and the use of TRIPS in cross retaliation, and a close analysis of landmark disputes
• The evolving architecture of bilateral and regional trade and investment agreements covering IP: the practical implications for treaty interpretation, for the initiation, management and settlement of IP disputes in multiple fora, and for domestic law and policy
• Compliance and monitoring of compliance: the institutional mechanisms, and the sources of information for practitioners and government officials, for legal and policy analysts and for scholars.

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy, as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their link with market access opportunities explained.

The subject will include a discussion of failures of the multilateral trading system to address international competition law problems, and options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives such as the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Mr Qaqaya was the head of the United Nations Conference on Trade and Development (UNCTAD) Competition and Consumer Policies Branch for almost 20 years and has an in-depth knowledge and vast practical experience in advising governments in these fields.

Principal topics include:

• Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
• Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
• Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
• Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
• The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.

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.

International investment is today understood as a key element of successful development policy. However, both the historical and conceptual foundations of this apparent convergence demand careful investigation. While mainstream economic thinking asserts that foreign investment is beneficial for poor countries, critics have pointed out that it can be positive or negative depending on how it is regulated. Against this debate, investment treaties are typically weighted in favour of developed states, and as a matter of international law, poorer countries have increasingly limited regulatory tools at their disposal with which to govern the operations of transnational investors within their territory.   Conflicts frequently arise between the needs of local communities and international investors over access to land, resources, and water, leading to displacement, loss of livelihoods and human-rights violations.  The role of the state in regulating these conflicts is often complex, and the responsibilities of large multinational corporations are unclear. Using a historically-grounded case study-based approach, this subject will provide students with an opportunity to critically examine the relationship between international investment, local communities and the state within contemporary legal and institutional development policy and practice.

Principal topics include:

• Introduction to the contested meanings of international investment, regulation and development
• The links between investment, development and regulation, examined through case studies
• An examination of the historically contested role of international law in framing the terms on which multinational corporations access resources in developing countries, including investment treaties, business and human rights, as well as older initiatives
• An examination of the role of international institutions, including the World Bank and the International Monetary Fund (IMF), in governing investment and development
• The debate over global versus local labour standards and the dilemmas over monitoring
• The debates over ‘land grabbing’ and access to agricultural land in developing countries.

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.

As markets are increasingly globalised, there is an accompanying diffusion of sites of regulation and governance. Diverse actors and organisations – public and private, national and international, spanning jurisdictional boundaries – compete for the authority to define and operationalise the rules for the conduct of global commerce. These developments raise a number of fundamental questions for lawyers: how is regulatory authority distributed in global markets, and how should it be? How are completing claims to such authority mediated and resolved in practice? And what role does law play in shaping the dynamics of global markets?

This subject helps students think about these questions from a number of different perspectives. Students are introduced to the range of techniques and institutions that currently exist to address regulatory controversies and to set the conditions for regulatory coordination. In addition, students are asked to engage with some of the deeper questions of normative political and social theory raised by the operation of these techniques and institutions, through readings drawn from a variety of disciplines, including sociology, science and technology studies, politics and law. This technical and theoretical material is set side by side with, and explored through, a series of four grounded case studies, typically drawn from contemporary global markets in financial services, tobacco control, biotechnology, carbon trading, fisheries and energy. The subject develops understanding of ‘fragmentation’, which in this context refers to the proliferation of sites of global governance, as well as the theme of ‘expertise’, which signals an interest in contemporary re-articulations of the power-knowledge nexus. Regulating Global Markets will be of interest to lawyers whose practices support international businesses, students who are engaged with contemporary political questions around economic globalisation and the backlash to it, and anyone with an interest in questions of political and social theory as they relate to international law.

There will be four case studies addressed in the subject, the content of which may change from year to year. Illustrative topics include the global dimensions of:

• The regulation of biotech foods
• Currency manipulation
• Tobacco control
• Financial stability
• The industrial policy of climate change
• Global fisheries management
• Public support systems for energy (both renewable and fossil-fuel based)
• Foreign investment in agriculture and infrastructure services.

The theoretical writing will be organised around four themes, which may include some of:

• Global constitutionalism
• Empire
• Sociotechnical imaginaries
• Reflexivity
• Regime interaction
• Expertise studies
• International governmentality studies
• Global administrative law
• New governance
• Global experimentalist governance.

The law and institutions covered in the subject will depend on the case studies chosen. However, students can expect a significant part of the subject to focus on such institutions as the World Trade Organization, the International Monetary Fund, the World Bank, the Food and Agricultural Organization, the International Center for the Settlement of Investment Disputes, the World Health Organization, the Codex Alimentarius Commission, and their related bodies of law.

Today, attention is increasingly focused on tax reform to deliver revenue for spending on public goods so as to achieve fair and sustainable economic development in countries across the globe. This subject examines tax policy to finance development goals and sustainable governments. The subject addresses budget laws; policy and law design principles for taxation, including equity, market efficiency and tax administration; and key taxes. It will analyse how national governments and international institutions such as the International Monetary Fund (IMF) and Organisation for Economic Co-operation and Development (OECD) engage in tax policy and reform and seek to establish global norms and cooperation in taxation. The subject will present topical case studies of high and low income countries. It will address topical issues including tax transparency and multinational tax avoidance, the role of tax in addressing inequality, and international tax competition and cooperation between nations. It will equip participants from tax, development and international law backgrounds to analyse critically the law and policy of budgets and tax systems and the interaction between the global, national and local levels in tax reform.

Principal topics will include:

• Budget policy and laws, including fiscal balance or deficit, transparency and accountability
• Tax mix, tax structures and types of tax
• Tax policy and design principles: sustainability, efficiency, fairness, simplicity and administrability
• Selected tax policy and law issues for key taxes including the personal and company income tax, sales tax and resource taxation
• Tax incentives for foreign investment
• Tax competition and cooperation, tax avoidance and tax havens
• The domestic and international processes of tax treaties, norms and reform.

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.

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.