BTF3201 International trade law Unit Guide Semester 2, 2015 Copyright © Monash University 2014. All rights reserved. Except as provided in the Copyright Act 1968, this work may not be reproduced in any form without the written permission of the host Faculty and School/Department. The information contained in this unit guide is correct at time of publication. The University has the right to change any of the elements contained in this document at any time. Last updated: 28 Jul 2015 Table of Contents BTF3201 International trade law - Semester 2, 2015..............................................................................1 Mode of Delivery..............................................................................................................................1 Workload requirements....................................................................................................................1 Additional workload requirements........................................................................................1 Unit Relationships........................................................................................................................................1 Prerequisites....................................................................................................................................1 Prohibitions......................................................................................................................................1 Chief Examiner(s)........................................................................................................................................1 Campus Lecturer(s).....................................................................................................................................2 Caulfield...........................................................................................................................................2 Tutor(s)........................................................................................................................................................2 Caulfield...........................................................................................................................................2 Your feedback to Us....................................................................................................................................2 Previous Student Evaluations of this Unit....................................................................................................2 Academic Overview...................................................................................................................................3 Learning Outcomes.........................................................................................................................3 Unit Schedule.............................................................................................................................................4 Teaching Approach..........................................................................................................................4 Assessment Summary.....................................................................................................................5 Hurdle Requirements...........................................................................................................5 Second marking...................................................................................................................5 Return of final marks............................................................................................................5 Exam viewing.......................................................................................................................5 Assessment criteria..............................................................................................................6 Assessment Requirements......................................................................................................................7 Assessment Tasks...........................................................................................................................7 Participation.........................................................................................................................7 Assessment task 1...............................................................................................................7 Examination(s).............................................................................................................................................8 Examination 1..................................................................................................................................8 Learning resources......................................................................................................................................9 Feedback to you..........................................................................................................................................9 Extensions and penalties.............................................................................................................................9 Returning assignments................................................................................................................................9 Referencing requirements...........................................................................................................................9 Assignment submission...............................................................................................................................9 Hard copy submission.....................................................................................................................9 Online submission...........................................................................................................................9 Prescribed text(s) and readings.....................................................................................................10 Recommended Resources........................................................................................................................10 Recommended text(s) and readings..............................................................................................10 Examination material or equipment...........................................................................................................10 Other Information....................................................................................................................................11 Policies..........................................................................................................................................11 Graduate Attributes Policy.................................................................................................11 Student Charter.........................................................................................................................................11 Student services........................................................................................................................................11 Monash University Library.........................................................................................................................11 Moodle 2....................................................................................................................................................12 Disability Liaison Unit................................................................................................................................12 BTF3201 International trade law - Semester 2, 2015 The law affecting Australian enterprises engaged in international business. Topics include international trade conventions; import and export procedures; carriage of goods by sea and air; bills of lading and the Hague-Visby rules; finance of international trade; payment and documentary credits; the use of negotiable instruments in international trade; international commercial arbitration and marine insurance. Mode of Delivery Caulfield (Day) Workload requirements Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. Independent study may include associated readings, assessment and preparation for scheduled activities. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement. See also Unit timetable information Additional workload requirements BTF3201 is a six credit point unit. The total time commitment expected for this unit is 144 hours. In addition to 36 hours of class contact (three hours each week for twelve weeks), students should plan to spend additional 108 hours during the semester in study for this unit. This includes time spent in preparing for and completing assessment tasks, together with time spent in general study, revision and examination preparion. Unit Relationships Prerequisites BTF1010 or equivalent Prohibitions BTC2190, BTG3201, BTW3201 Chief Examiner(s) Dr Haemala Thanasegaran 1 BTF3201 International trade law - Semester 2, 2015 Campus Lecturer(s) Caulfield Dr Nicola Charwat Campus: Caulfield Phone: +61 3 990 31564 Email: Nicola.Charwat@monash.edu Contact hours: Monday 1-3, Thursday 1-2 Dr Haemala Thanasegaran Contact hours: Monday 12-1, Wednesday 2-3 Prof. Chris Arup Contact hours: TBA Tutor(s) Caulfield Dr Haemala Thansegaran Contact hours: Monday 12-1, Wednesday 2-3 Your feedback to Us Monash is committed to excellence in education and regularly seeks feedback from students, employers and staff. One of the key formal ways students have to provide feedback is through the Student Evaluation of Teaching and Units (SETU) survey. The University’s student evaluation policy requires that every unit is evaluated each year. Students are strongly encouraged to complete the surveys. The feedback is anonymous and provides the Faculty with evidence of aspects that students are satisfied and areas for improvement. For more information on Monash’s educational strategy, see: www.monash.edu.au/about/monash-directions/ and on student evaluations, see: www.policy.monash.edu/policy-bank/academic/education/quality/student-evaluation-policy.html Previous Student Evaluations of this Unit SETU feedback confirms that students find this unit intellectually stimulating and that students are highly satisfied with the quality of the unit. Staff continually review the unit in response to student feedback. Examples of changes made in response to SETU feedback include, the introduction of a marking feedback sheet to ensure that students are provided with a clear indication of where they can improve their written work. Student feedback also contributed to the decision to run the unit in lecture/tutorial format to improve quality of class participation. If you wish to view how previous students rated this unit, please go to https://emuapps.monash.edu.au/unitevaluations/index.jsp 2 Academic Overview Learning Outcomes The learning goals associated with this unit are to: 1. define the purpose and scope of the international legal framework in which trade between nations takes place 2. be able to recognise and understand the form and nature of documents used in international trade including contracts of sale, shipping documentation, invoices, insurance policies, bills of exchange, documentary collections and letters of credit 3. be able to identify and understand legal issues in an international trade context 4. be able to apply the laws relating to international contracts of sale, international carriage of goods and finance of international trade in a variety of situations 5. be able to write a coherent piece of advice discussing the legal issues arising in an international trade dispute. 3 Unit Schedule Week Activities 0 Assessment No formal assessment or activities are undertaken in week 0 1 Introduction to the unit and international trade law (Dr Nicola Charwat) No tutorial 2 The international trading system I (Professor Chris Arup) weekly tutorial participation is assessed 3 The international trading system II (Professor Chris Arup) weekly tutorial participation is assessed 4 International contracts for the sale of goods I (Dr Nicola Charwat) weekly tutorial participation is assessed 5 International contracts for the sale of goods II (Dr Nicola Charwat) weekly tutorial participation is assessed 6 Contracts for the international carriage of goods by sea I (Dr Haemala Thanasegaran) Assignment 1 due date: Friday 4 September 12pm. And,weekly tutorial participation is assessed 7 Contracts for the international carriage of goods by sea II (Dr Haemala Thanasegaran) weekly tutorial participation is assessed 8 Marine Insurance (Dr Haemala Thanasegaran) weekly tutorial participation is assessed 9 Air carrier liability for international carriage of goods by weekly tutorial participation is assessed air (Dr Nicola Charwat) 10 International payments (Dr Haemala Thanasegaran) weekly tutorial participation is assessed 11 International dispute resolution (Dr Haemala Thanasegaran) weekly tutorial participation is assessed 12 Revision (Dr Haemala Thanasegaran) weekly tutorial participation is assessed SWOT VAC No formal assessment is undertaken SWOT VAC Examination period LINK to Assessment Policy: http://policy.monash.edu.au/policy-bank/ academic/education/assessment/ assessment-in-coursework-policy.html Teaching Approach Seminars This unit will provide you with the skills and knowledge needed to solve practical problems arising in the everyday world of international trade. The unit is taught via a weekly two hour lecture and one hour seminar. It relies on an enquiry and problem-based learning approach. You are expected to actively partipate in class discussions and class exercises. You are expected to come to lectures and tutorials prepared. This means we expect you to have read the prescribed weekly reading, completed any preparation as directed by your tutor and lecturer and attempted the tutorial problems for the topic. In addition to utilising the lecture materials, your preparation should also include independent reading of the essential materials and recommended 4 Unit Schedule resources. Relying on lecture materials is not sufficient. You will not be provided with model answers to the tutorial problems. The class discussions of the tutorial problems provide you with an opportunity to check and improve your own pre-prepared responses to the seminar problems. Because this unit highlights peer assisted learning, students are expected to work in groups throughout the semester, as well as individually. Working in groups will contribute to the development of the skills necessary for working successfully in teams, including your analytical and cognitive skills, collaborative skills and organisational and management skills. All of these skills are indispensable in business. Assessment Summary Within semester assessment: 30% Examination: 70% Assessment Task Value Due Date Assignment One 20% Friday 4 September 12pm Examination 1 70% To be advised Hurdle Requirements There is no hurdle requirement in this unit. The final mark will be the sum of the marks gained in all modes of assessment. To pass this unit students must attain 50% of the total mark. Second marking Where an assessment task is given a fail grade by an examiner, that piece of work will be marked again by a second examiner who will independently evaluate the work, and consult with the first marker. No student will be awarded a fail grade for an assessment task or unit without a second examiner confirming the result. Note: Exceptions to this are individual pieces of assessment contributing 10% or less of the final mark, unless the total of such pieces exceeds 30% of the final mark. Return of final marks Faculty policy states that 'the final mark that a student receives for a unit will be determined by the Board of Examiners on the recommendation of the Chief Examiner taking into account all aspects of assessment'. The final mark for this unit will be released by the Board of Examiners on the date nominated in the Faculty Calendar. Student results will be accessible through the my.monash portal. Exam viewing See the link below for details. http://www.buseco.monash.edu.au/blt/student/exam-view/index.html 5 Unit Schedule Assessment criteria Assessment Criteria Grading Descriptors available at: http://www.policy.monash.edu/policy-bank/academic/education/assessment/ 6 Assessment Requirements Assessment Tasks Participation Class participation is an important part of this unit. How and what you learn from listening to lectures or reading on your own is quite different from what you can learn when you have access to a variety of informed points of view on the same question. Your own understanding can be significantly enhanced through the exchange of ideas, questions and opinions in the class. Moreover, an active and dynamic classroom is more stimulating and enjoyable than the alternative! To assist in creating these conditions, it is essential that you prepare effectively and contribute positively to classes. To encourage and reward your efforts, your class participation contributes to the final mark for the unit. The marking rubric posted on Moodle provides you with a comprehensive guide to the marking criteria and expectations at different levels of achievement. Your mark for participation in tutorials is worth 10% of your final mark for the unit [10 marks]. You will not pass this assessment simply by turning up to tutorials. Your mark will be a reflection of your demonstrated preparation and actual contribution to small group and large group exercises in the tutorials. The marking rubric, posted on moodle (copies will be available in week 1), provides you with a comprehensive guide to the marking criteria and expectations at different levels of achievement. • Assessment task 1 Title: Assignment One Due date: Friday 4 September 12pm Details of task: This research assignment is based on Topic One: The International Trading System (Weeks 2 and 3). The assignment task is designed to test your ability to identify the issues raised in the question as well sa the relevant laws and principles. Your understanding of that law and your ability to critically discuss its application to the issues is also tested. As it is a research task, we will also assess your ability to research the topic area and your effective selection and use of your research. Finally, your ability to communicate clearly, articulate arguments with support and draw conclusions appropriate to your discussion is also assessed in this task. See the assignment question on Moodle for further instructions. Word limit: 1500 words (not including bibliography or footnotes, unless footnotes are used to present text, discussion provisions etc other than a reference). Weighting/Value: 20% Presentation requirements: 7 Assessment Requirements Your research paper should be footnoted using the Australian Guide to Legal Citation or a footnoting system, a soft copy of which is available at http://www.law.unimelb.edu.au/mulr. Harvard or any intext citation method is not appropriate. Your paper should include a bibliography. Your bibliography should include all materials referenced in your paper as well as other materials consulted in the course of preparing and writing your paper. Your paper should be written in full paragraphs and sentences (not bullet points) and you are encouraged to use headings and sub-headings. For further guidance on how to present your work, consult the Q-Manual. Full instructions will be provided. Estimated return date: Not later than three weeks after due date. Assignments will be returned at the end of tutorials and/or lectures Criteria for marking: This assessment task will be marked out of 20. Your ability to satisfy the marking criteria will be ranked on a scale of Excellent (HD) to Needs significant improvement (N). The marking rubric and full explanation of the maring criteria are included on the marking feedback sheet for assignment one which you can find on moodle. Submission details: Submit online via Moodle Penalties for late lodgement: 1. Late submissions shall be penalised by 1 mark per calendar day or part day the assignment is submitted late. Assignments submitted within 59 minutes of the deadline will be treated as submitted on time. 2. An assignment that is submitted more than 59 minutes after the due date and time on the day the assessment is due will have 1 mark deducted. An assessment submitted on the day after the assignment due day will have 2 marks deducted. 3. Late submissions will not be accepted more than 10 days after the date. This rule does not apply where a student has been granted an extension. Assessment coversheet: An assessment coversheet is provided with the assessement task question and instructions. You must include a copy of the assessment coversheet with your submission. Your assignment will not be marked or returned until a signed coversheet has been provided. If submitting electronically, typing your name into the signature box will be treated as your signature. Examination(s) • Examination 1 Weighting: 70% Length: 3 hours Type (open/closed book): Open book Electronic devices allowed in the exam: 8 Assessment Requirements Calculators Electronic dictionaries Remarks: Topic One is not included on the exam. Further information regarding the structure and format of the exam will be provided in seminars. Learning resources Monash Library Unit Reading List (if applicable to the unit) http://readinglists.lib.monash.edu/index.html Feedback to you Types of feedback you can expect to receive in this unit are: • Graded assignments with comments • Other: Oral feedback on answers to seminar problems. Extensions and penalties Extensions are only available in exceptional circumstances. Please make all requests via the in-semester special consideration form to the Unit Coordinator and Chief Examiner - Nicola Charwat. Returning assignments Assignment papers will be returned in seminars. Referencing requirements The in-semester research assignment must be properly referenced using the Australian Guide to Legal Citation or an alternative footnoting system of reference appropriate for writing on legal topics. Assignment submission Hard copy submission See above Online submission See above. 9 Assessment Requirements Prescribed text(s) and readings There are two prescribed sources of materials for this unit, all available on the unit's moodle page 1. Study Guide, and 2. Essential Materials The unit utilises materials that have been specially compiled. For each Topic there is a a study guide and Essential Materials document. This can be downloaded from Moodle. You MUST bring the relevant Study Guide and Essential Materials to the seminar (either hard or soft copy). You are advised to bring a hard copy as you will likely want to take the materials into the open book exam with you. The materials and study guide are updated every semester. Please ensure you have the most up to date copy (ie do not use a copy from a previous semester). Recommended Resources John Mo, International Commercial Law, LexisNexis Butterworths Australia (2013) 9780409329254. Recommended text(s) and readings A full list of recommended reading and additional materias are available on the unit's Moodle site. Examination material or equipment The final examination in this unit is open book. This means you will be able to take your notes, books and any other written material into the exam with you. Electronic dictionaries and calculators are also permitted. 10 Other Information Policies Monash has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and to provide advice on how they might uphold them. You can find Monash’s Education Policies at: www.policy.monash.edu.au/policy-bank/academic/education/index.html Key educational policies include: • Student Academic Integrity Policy and Student Academic Integrity: Managing Plagiarism and Collusion Procedures ; • Assessment in Coursework Programs; • Special Consideration; • Grading Scale; • Discipline: Student Policy; • Academic Calendar and Semesters; • Orientation and Transition; and • Academic and Administrative Complaints and Grievances Policy. Graduate Attributes Policy http://www.policy.monash.edu/policy-bank/academic/ education/management/monash-graduate-attributes-policy.html Student Charter www.opq.monash.edu.au/ep/student-charter/monash-university-student-charter.html Student services The University provides many different kinds of support services for you. Contact your tutor if you need advice and see the range of services available at http://www.monash.edu.au/students You can also access important information from the Faculty of Business and Economics current students page http://www.buseco.monash.edu.au/student/ Caulfield and Clayton students wishing to further develop English language skills in a fun group environment can join a Conversational English Program. You can access these programs at http://www.monash.edu/students/conversational-english/ Monash University Library The Monash University Library provides a range of services, resources and programs that enable you to save time and be more effective in your learning and research. Go to www.lib.monash.edu.au or the library tab in my.monash portal for more information. 11 Other Information Moodle 2 All unit and lecture materials, plus other information of importance to students, are available through the virtual learning environment Moodle site. You can access Moodle via the my.monash portal. Where to go for help If you're stuck, confused or simply not sure how to approach Moodle, there are a number of Moodle resources that you can tap into. Disability Liaison Unit Students who have a disability or medical condition are welcome to contact the Disability Liaison Unit to discuss academic support services. Disability Liaison Officers (DLOs) visit all Victorian campuses on a regular basis. • Website: http://www.monash.edu/equity-diversity/disability/index.html • Telephone: 03 9905 5704 to book an appointment with a DLO; • Email: dlu@monash.edu • Drop In: Equity and Diversity Centre, Level 1, Building 55, Clayton Campus. Teaching staff will communicate with students between seminars via this unit's Moodle site and email. Students need to check Moodle and their student email account regularly. Unit guide link: http://www.buseco.monash.edu.au/unit-guide/ 12