MLJ744 Distinction - International Commercial Law and Policy

Description

Table of Contents – MLJ744: International Commercial Law & Policy Introduction to International Commercial Law * Introduction * Features of International Commercial Law * Why Domestic Law Doesn’t Automatically Apply Internationally * Public vs Private International Law * Sources of International Commercial Law * Conflict of Laws (Private International Law) * Choice of Law * Characterisation and Conflict Rules * When the Applicable Law Governs Both Conflict Rules and Substantive Law * Summary International Commercial Contracts * Features of International Commercial Contracts * Application of the CISG * Article 1 CISG: Different Places of Business * Sources of Law for International Sale of Goods * Exclusions and Reservations under the CISG * Party Autonomy and Exclusion of the CISG * Interpretation of the CISG (Article 7) * Interaction Between Domestic Law and International Law Interpretation and Formation of International Contracts * Interpretation * CISG Article 7: Interpretation of the Convention * CISG and Legal Tradition Differences * Good Faith and Fair Dealing (UNIDROIT) * CISG Article 8: Interpreting Parties’ Statements and Conduct * Usages and Practices (CISG Article 9) * Formality Requirements * CISG Articles 11 and 12 * Modification and Variation of Contracts * Formation of the Contract under the CISG and the PICC * Offer (CISG Article 14) * Acceptance (CISG Article 18) * Acceptance vs Counter-Offer (CISG Article 19) * Battle of Forms (UNIDROIT) Delivery, Performance and Remedies * Delivery of Goods * Rights, Obligations and Remedies under CISG Part III * Incoterms® 2010 and 2020 * Allocation of Costs * Allocation of Risks * Conformity of Goods * Fundamental Breach and Anticipatory Breach * Impediments and Force Majeure (CISG Article 79) International Commercial Dispute Resolution * Dispute Resolution in International Commercial Law * Choice of Forum in International Litigation * Forum Non Conveniens * Clearly Inappropriate Forum (Australia – *Voth*) * Clearly More Appropriate Forum (England – *Spiliada*) * Enforcement of Foreign Judgments International Commercial Arbitration * Introduction to International Commercial Arbitration * General Features of Arbitration * Legal Framework Governing International Commercial Arbitration * Arbitration Agreements * Procedural Rules * Lex Arbitri * Enforcement Regime * Key Features of Arbitration * Arbitration vs Litigation International Carriage of Goods by Sea * Legal Framework Governing Carriage of Goods by Sea * Hague Rules * Hague-Visby Rules * Hamburg Rules * Contracts of Carriage by Sea * Bills of Lading * Rights, Obligations and Liabilities of the Parties * Limitation Clauses * Deviation * Notice of Loss * Time Bars Means of Payment in International Trade * Methods of Payment in International Trade * Risks and Uncertainties * Cash in Advance * Documentary Credit (Letters of Credit) * Bills for Collection * Open Account * UCP 600 * Categories of Documentary Credit * Doctrine of Strict Compliance * Fraud * Bank Liabilities World Trade Organization * International Trade Regulatory Framework * WTO as an Organisation and Legal System * WTO Agreements and Trade Barriers * Dispute Settlement Mechanism * Recent Developments and Australia’s Involvement International Investment Law * Foreign Investment Regulatory Framework * International Investment Agreements * CPTPP, RCEP and TTIP * Minimum Standard of Treatment * Investor–State Dispute Settlement (ISDS) * Domestic Regulation of Foreign Investment International Securities and Mobile Equipment Conventions * Hague Securities Convention (2006) * Geneva Securities Convention (UNIDROIT) * Cape Town Convention and Protocols * International Interests in Mobile Equipment * Registration and Priority Rules * Economic Impact and Declarations -