International Investment and Trade Law is an elective subject in postgraduate programs offered by the Faculty of Law in which undergraduate students may be permitted to enrol. It examines the international legal frameworks for cross-border investment and trade. The subject considers contemporary and emerging investment and trade trends, Regional and Bilateral Trade and Investment Agreements, business planning considerations and dispute resolution mechanisms. Investment structures examined include joint ventures, the appointment of distributors and agents, licensing and other technology transfer arrangements and the acquisition of local companies and property. Trade institutions and the international trade law system examined include the World Trade Organisation; the World Bank Group; the International Monetary Fund; the General Agreement on Trade and Tariffs; Australia's Free Trade Agreements; intellectual property and the digital economy.
Changes due to Commonwealth Games: The University has marginally altered the timetable for the January semester of 2018 (181) to ensure that students have the opportunity to engage with the Commonwealth Games to be held in April 2018. The modified timetable has been designed to not impact on overall subject or program learning outcomes. Some subjects may be delivered in a slightly modified mode to accommodate the change. Specific arrangements will be included on the iLearn site for each subject. All changes to the class schedule have the full approval of University and Academic Unit administration and will not adversely affect student learning or assessment.
|Academic unit:||Faculty of Law|
|Subject title:||International Investment and Trade Law|
Delivery & attendance
|Attendance and learning activities:||International Investment and Trade Law is taught in an intensive manner, with an emphasis on legal frameworks and comparative law, as experienced in international legal practice. The subject structure assumes topic materials are read in advance of classes.|
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Understand the regulation of cross-border investment and trade.
- Appreciate the impact of investment and trading decisions across a range of areas of economic and social activity.
- Understand the framework and method of international dispute resolution.
- Understand how investment and trade law is fashioned by the balance of conflicting national interests.
- Understand and be capable of assessing the international legal structures for investment and trade.
|Oral Presentation||Student Presentation, supported by written Report (max 2,000 words), which will form part of the curriculum||25%||Progressive||1, 2, 3, 4, 5.|
|Reflective Essay||Research paper on an approved topic (max 8,000 words)||75%||Week 9||1, 2, 3, 4, 5.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Concepts and issues in globalisation; Ways of doing business abroad; Cross-border investment considerations; Double tax treaties. Regulation of foreign direct investment (FDI), intellectual property (IP).
The World Bank Group and International Monetary Fund, World Trade Organisation (WTO), G20 and Organisation for Economic Cooperation and Development (OECD). Institutional frameworks, major work programs from Bretton Woods to Geneva, history and future.
Regional frameworks of foreign investment; economic, cultural and environmental impacts of FDI; bilateral investment treaties (BITs) and free trade agreements (FTAs): EU, NAFTA, APEC, ASEAN, Aus-US FTA, Aus-NZ FTA.
Structure and method, ICSID and BITs.
Corruption, terrorism & sanctions, culture, red tape, bribery and corruption, incentives.
New frontiers in investment and trade.