Course outline. Code: BUS706 Title: International Business Law and Ethics

Transcription

1 Course outline Code: BUS706 Title: International Business Law and Ethics Faculty of Arts, Business and Law USC Law School Teaching Session: Semester 1 Year: 2017 Course Coordinator: Dr Nathalie Wharton nwharton@usc.edu.au 1. What is this course about? 1.1 Course description This course adopts a managerial approach to international business law. It will offer you practical tools to become proficient in resolving and communicating legal problems that commonly arise in international business. Business people need to be aware of what regulations apply and where to seek support in order to be efficient and minimise risks of doing business in international markets. Furthermore, this course will provide you with opportunity to critically evaluate and communicate ethical issues so that your expertise to act with professional integrity will be expanded. 1.2 Course content Underlying theories of International Business Law (human and labour rights) Ethics and other Underlying Concepts of International Business Law (international taxation) Legal Traditions in International Business Law (international finance) Nature of International Business Law (International transport) Sources of International Business Law (international contracts) States and Regional Actors (competition law) Global Intergovernmental Organisations (trade barriers) Multinational Enterprises and International Business Organisations (oil industry) International Courts and Tribunals (foreign investment) Domestic Courts and International Law (international sale of goods) Arbitration (intellectual property) 2. Unit value 12 units

2 Page 2 3. How does this course contribute to my learning? Specific Learning Outcomes Assessment Tasks Qualities On successful completion of this course you should be able to: Investigate the nature and processes of different legal systems and evaluate the international legal environment in which businesses operate. Identify legal issues that arise in international business environment. Identify and evaluate ethical issues in given situations. Construct arguments based on principles and theories of ethical reasoning. Analyse legal issues that arise in international business environment. Apply critical legal thinking to resolve legal problems. You will be assessed on the learning outcome in task/s: 1, 2 and 3 Knowledgeable. Completing these tasks successfully will contribute to you becoming: 2 and 3 Creative and critical thinkers. 2 Ethical. Creative and critical thinkers. 3 Creative and critical thinkers. 4. Am I eligible to enrol in this course? Refer to the Coursework Programs and Awards - Academic Policy for definitions of pre-requisites, corequisites and anti-requisites 4.1 Enrolment restrictions Must be enrolled in a Postgraduate program 4.2 Pre-requisites 4.3 Co-requisites 4.4 Anti-requisites 4.5 Specific assumed prior knowledge and skills N/A 5. How am I going to be assessed? 5.1 Grading scale Standard High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL)

3 Page Assessment tasks Task Assessment Tasks No. 1 Online quiz covers modules Research Assignment Essay Ethical Analysis 3 Research Legal Problems Questions Legal Analysis Individual or Group Weighting % What is the duration / length? When should I submit? Individual 10% 20 questions Week 6, Friday, 5pm AEST Individual 40% 2000 words Week 9 Monday, maximum 5pm AEST Individual 50% 2500 words maximum 100% Exam week, Friday, 5pm AEST Where should I submit it? On Blackboard SafeAssign SafeAssign Assessment Task 1: Online quiz Goal: Product: Format: Criteria The purpose of the online quiz is to exhibit knowledge in relation to the nature and processes of different legal systems as well as the international business environment in which businesses operate. Online quiz This online quiz consists of ten True/False questions and ten Multiple Choice Questions drawn from topics covered during weeks 1 to 4. The online quiz will be made available on Blackboard site from Week 5 Friday, 5pm AEST until Week 6 Friday, 5pm AEST. This online quiz has the time limit of one hour and must be completed in one sitting. You are notified when time expires, and you may continue or submit. Correctly answering the quiz questions, you demonstrate knowledge of and familiarity with the international business law environment as well as various processes of different legal systems. Skill assessment level Developing Developing Generic skill assessed Problem solving Applying technologies Assessment Task 2: Research Assignment Essay Ethical Analysis Goal: Product: Format: Criteria The purpose of this task is to identify and evaluate ethical issues and recognise legal issues related to multinational enterprises. You will construct arguments based on principles and theories of ethical reasoning. Argumentative essay Argumentative essay of maximum 2000 words. Submission via SafeAssign. Details on the course Blackboard site, Assessment Task 2 area. 1. Quality of critical reflection and argument with reference to relevant ethical theories and recognition of legal issues 2. Degree of clarity of arguments presented and ability to analyse and draw valid conclusions 3. The extent of research 4. The overall structure of the essay with reference to conventional academic writing criteria Skill assessment level Generic skill assessed Communication Information literacy

4 Page 4 Assessment Task 3: Research Legal Problems Questions Legal Analysis Goal: Product: Format: Criteria The purpose of this task is to become proficient in answering questions and constructing written arguments relevant to legal problems that commonly arise in international business. Answers to two legal problems questions Answers (in Word document format) to legal problems questions. Word count: maximum 2500 words. Submission via SafeAssign. Details on the course Blackboard site, Assessment Task 3 area. 1. Clarity of expression and use of legal methodology to construct written arguments relevant to legal problems that arise in international business 2. Degree of accuracy to diagnose legal issues, identify the applicable legal rule/s and apply the relevant law to the facts 3. Ability to provide solutions to encompass both commercial and legal arguments. 4. Quality of evidence and use of appropriate referencing style Skill assessment level Generic skill assessed Communication Problem solving Information literacy 5.3 Additional assessment requirements Plagiarism In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks, when submitted to Blackboard, are electronically checked through SafeAssign. This software allows for text comparisons to be made between your submitted assessment item and all other work that SafeAssign has access to. Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: a) The final mark is in the percentage range 47% to 49.4% b) The course is graded using the Standard Grading scale c) You have not failed an assessment task in the course due to academic misconduct 5.4 Submission penalties Late submission of assessment tasks will be penalised at the following maximum rate: 5% (of the assessment task s identified value) per day for the first two days from the date identified as the due date for the assessment task. 10% (of the assessment task s identified value) for the third day 20% (of the assessment task s identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.

5 6. How is the course offered? 6.1 Directed study hours On campus Lecture: 3 hours per week This course is also offered online. Page Teaching semester/session(s) offered Semester Course activities Teaching What key concepts/content will I Week / learn? Module 1 Introduction: Legal Theories Workshop on human and labour rights 2 Ethics and Underlying Legal Concepts Workshop on ethics in transnational law, the example of taxation 3 Comparative Law and Legal Traditions Workshop on international finance 4 Nature of International Business Law Workshop on international transport 5 Sources of International Business Law Workshop on international contracts 6 States and Regional Governmental Actors Workshop on international competition law 7 Monday, 17 th April Easter Monday Public Holiday Global Governmental Organisations Workshop on the World Trade Organisation s Dispute Settlement Body s cases (trade barriers) Mid Semester Break What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities Text, Ch.1 Resources posted on Blackboard Text, Ch. 2 Text, Ch.3 Text, Ch.4 Text. Ch. 5 Assessment Task 1 due Text, Ch. 6 Text, Ch.7 Practice online quiz Assessment Task 1. 8 Tuesday, 25 th April ANZAC Day Public Holiday Multinational Enterprises and Business Organisations Workshop on ethical rules for MEs and domestic laws enacted for their Textbook, Ch.8

6 9 Monday, 1 st May Labour Day Public Holiday Page 6 specific needs (example of the oil industry) International Courts and Tribunals and their Decisions Workshop on the International Centre for the Settlement of International Foreign Investment Disputes cases 10 Domestic Courts and International Law Decisions Workshop on the international sale of goods 11 Arbitration Workshop on the World Intellectual Property Organisation arbitration decisions and domestic courts judgements on arbitration awards Text, Ch.9 Assessment Task 2 due Text, Ch.10 Text, Ch Revision Revision Revision Exam/Break Please note that the course activities may be subject to variation. 7. What resources do I need to undertake this course? 7.1 Prescribed text(s) Please note that you need to have regular access to the resource(s) listed below: Author Year Title Publisher Wharton, N 2015 Fundamentals of Transnational Self-publication Summers, J & Smith, B 2010, 3 rd edition Business Law Communication Skills Handbook John Wiley & Sons Australia, Ltd. Milton 7.2 Required and recommended readings Lists of required and recommended readings may be found for this course on its Blackboard site. These materials/readings will assist you in preparing for tutorials and assignments, and will provide further information regarding particular aspects of your course. The prescribed textbook will be available free of charge in PDF format on Blackboard and a paper copy can be purchased at cost from the lecturer at the beginning of the trimester. 7.3 Specific requirements 7.4 Risk management Health and safety risks have been assessed as low. It is your responsibility to research and understand risks of specific courses and to review the USC s health and safety principles by viewing the online induction training for students.

7 Page 7 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Additional assistance is provided to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: or studentcentral@usc.edu.au 9. Links to relevant University policies and procedures For more information on Academic Learning & Teaching categories including: Assessment: Courses and Coursework Programs Review of Assessment and Final Grades Supplementary Assessment Administration of Central Examinations Deferred Examinations Student Academic Misconduct Students with a Disability General enquiries In person: Sippy Downs - Student Central, Ground Floor, Building C USC SouthBank - Student Central, Building B, Ground floor (level 1) USC Gympie - Student Central, 71 Cartwright Road, Gympie USC Fraser Coast - Student Central, Building A Tel: studentcentral@usc.edu.au