Course overview
This course will review the legal rules applicable to commercial relations that are either intrinsically international or have an international element. It will first provide the foundational concepts in private international law, including jurisdiction of the Australian courts, choice of law in international commercial contracts and recognition of foreign judgements through municipal courts. The course will then examine the legal rules applicable to international commercial arbitration. This course will then review the legal vehicles available to facilitate international dispute resolution methods for governments and business entities, with specific attention paid to the International Centre for the Settlement of Investment Disputes. The course will also analyse the global context through an introduction to international trade Law, with specific attention given to the World Trade Organisation. Examples will be drawn from recent and current legal issues to highlight the intricacies of international commercial relations, either involving private parties or states, in the context of investment related transactions.
Course learning outcomes
- Identify the relationships between public international law principles, international litigation and the law applicable to international trade and commercial disputes.
- Explain the roles and responsibilities of major international trade and legal institutions including in the U.N. system, WTO and ICSID
- Structure and sustain concise and cohesive written arguments for a legal and professional audience.
- Apply principles relating to international litigation, international trade law and investment treaty arbitration to complex problems and issues.
- Conduct legal research and analysis both independently and cooperatively in an academic environment.
- Critique the operation of international commercial dispute resolution mechanisms from theoretical, practical and policy perspectives, and in the context of social and cultural diversity.
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The Student Contribution amount displayed below is for students commencing a new program from 2021 onwards. If you are continuing in a program you commenced prior to 1 January 2021, or are commencing an Honours degree relating to an undergraduate degree you commenced prior to 1 January 2021, you may be charged a different Student Contribution amount from the amount displayed below. Please check the Student Contribution bands for continuing students here. If you are an international student, or a domestic student studying in a full fee paying place, and are continuing study that you commenced in 2025 or earlier, your fees will be available here before enrolments open for 2026.