Course outline Code: BUS706 Title: International Business Law and Ethics Faculty of: Arts and Business School of Business Teaching Session: Semester 1 Year: 2015 Course Coordinator: Nathalie Wharton Blaga Email: 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 rights) Ethics and other Underlying Concepts of International Business Law Legal Traditions in International Business Law (international insurance and finance) Nature of International Business Law (International transport) Sources of International Business Law (e-commerce) Regional Actors(competition law) Global Intergovernmental Organisations (trade barriers) Multinational Enterprises and International Business Organisations International Courts and Tribunals (foreign investment) Domestic Courts and International Law (international sale of goods) Arbitration (intellectual property) 2. Unit value 12 units
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)
Page 3 5.2 Assessment tasks Task Assessment Tasks No. 1 Online quiz covers modules 1-4 2 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 maximum Individual 50% 2500 words maximum 100% Week 9 Monday, 5pm AEST 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
Page 4 Generic skill assessed Communication Information literacy Skill assessment level 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 SafeAssign In order to minimise incidents of plagiarism and collusion, this course may require that some of its assessment tasks are submitted electronically via SafeAssign. This software allows for text comparisons to be made between your submitted assessment item and all other work that SafeAssign has access to. If required, details of how to submit via SafeAssign will be provided on the Blackboard site of the course. 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.
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 5 6.2 Teaching semester/session(s) offered Semester 1 6.3 Course activities Teaching What key concepts/content will I Week / learn? Module What activities will I engage in to learn the concepts/content? Directed Study Independent Study Activities Activities 1 Introduction: Legal Theories Workshop on human rights 2 Ethics and Underlying Legal Concepts Workshop on ethics in transnational law 3 Comparative Law and Legal Traditions Workshop on international insurance and finance 4 Nature of International Business Law Workshop on international transport Text, Ch.1 Resources posted on Blackboard Text, Ch. 2 Text, Ch.3 Text, Ch.4 5 Friday, 3 rd April Good Friday Public Holiday Sources of International Business Law Workshop on e-commerce and intellectual property 6 Regional Business Actors Workshop on international competition law 7 Global Intergovernmental Organisations Workshop on the World Trade Organisation s Dispute Settlement Body s cases Text. Ch. 5 Assessment Task 1 due Mid Break Text, Ch. 6 Text, Ch.7 Practice online quiz Assessment Task 1.
Page 6 8 Multinational Enterprises and Business Organisations Workshop on ethical rules for MEs and domestic laws enacted for their specific needs 9 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 Textbook, Ch.8 Text, Ch.9 Assessment Task 2 due Text, Ch.10 Text, Ch.11 judgements 12 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 Business Law Summers, J & Smith, B 2010, Communication Skills Handbook 3 rd edition Self-publication 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 There is minimal health and safety risk in this course. It is your responsibility to familiarise yourself with the Health and Safety policies and procedures applicable within campus areas.
Page 7 8. How can I obtain help with my studies? In the first instance you should contact your tutor, then the Course Coordinator. Student Life and Learning provides additional assistance to all students through Peer Advisors and Academic Skills Advisors. You can drop in or book an appointment. To book: Tel: +61 7 5430 1226 or Email: StudentLifeandLearning@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 http://www.usc.edu.au/university/governance-and-executive/policies-and-procedures#academic-learningand-teaching 10. Faculty specific information LOCATING JOURNAL ARTICLES If you have been notified that the journal articles in this course are available on e-reserve, use the on-line library catalogue to find them. For journal articles not on e-reserve, click on the "Journals and Newspapers" link on the Library Homepage. Enter the journal title e.g. History Australia, then search for the volume and issue or keyword as needed. ASSIGNMENT COVER SHEETS The Faculty of Arts and Business assignment cover sheet can be found on Blackboard or on the USC Portal at: Faculty of Arts and Business (Students) > Forms. It must be completed in full identifying student name, assignment topic, tutor and tutorial time. This must be attached securely to the front of each assessment item prior to submission. Claims of loss of assignments will not be considered unless supported by a receipt. HELP: If you are experiencing problems with your studies or academic work, consult your tutor in the first instance or the Course Coordinator as quickly as possible. DIFFICULTIES: If you are experiencing difficulties relating to teaching and assessment you should approach your tutor in the first instance. If not satisfied after that you should approach in order your Course Coordinator, Program Coordinator then Head of School General enquiries and student support Faculty Student Centre Tel: +61 7 5430 1259 Fax: +61 7 5430 2859 Email: FABinfo@usc.edu.au