LAWS20038 INTERNATIONAL BUSINESS LAW

GUIDE AS TO ASSESSMENT ITEM TWO
[1] Introductory Comments: Nature of Questions & Key Assignment Issues
The second assignment differs a little from the first, there being no cases to analyse; and there’s much less need to rely on or consult additional resource material.
But again, it comprises a mix of question types:
 Applied problem solving questions about CISG-governed sale of goods and related finance and shipping arrangements.
 A mixed problem solving-short essay question appraising whether it’s possible to evade the application of Australian domestic statute law and international
conventions governing outwardbound shipments.
 And finally, an analytical short essay/review question about the international trade rules which govern the importation into Australia of Philippine mangoes.
To pass this course, students must put in a decent effort, read the prescribed material plus additional material they’re referred to and write up good thoughtful, well
researched and referenced assignment papers. And to recap, to avoid plagiarism in the second assignment, students must do their best to properly reference their
answers. Inadvertent errors in referencing won’t be penalised, but referencing is important.
 Unnecessary repetition of the question or material facts.
 Excessively short answers. If in doubt write more, as we don’t penalise longer answers, while short answers even if quite good, attract a lower mark as they
generally don’t address all the relevant issues in adequate detail. Students needn’t write exactly 700 words for each question; the stated 3000-3500 word length total
being indicative. And students are encouraged to undertake further independent research on the questions set and will be rewarded for doing so with a higher mark. So,
a first rate, well researched (extended) answer can score 90-100%, a high distinction standard.
 Under or over-structured answers. It isn’t always easy to achieve the optimal structure in legal problem solving or case analysis type questions especially. A good
structure adds value to legal analysis; it isn’t a substitute for it. In the extreme case, the unhappy result is a poor, unintegrated answer at best loosely connecting
together facts, law and conclusion. The more headings and sub-headings the better.
 Poor research and referencing. This is largely self-explanatory but covers numerous shortcomings. These range from failure to properly acknowledge source material
(i.e. plagiarism) to using just one source, and resorting to inappropriate or non-authoritative web-based material e.g. from Wikipedia, when there’s an abundance of
more authoritative material readily accessible from the prescribed textbook, study guide, resource materials book, legal websites detailed in the study guide and
others such as detailed further below.
 Failure to address key components of a question or going off on a tangent. It’s always good practice to keep the question in mind, and refer to it when researching
and writing up an answer. If a question asks you to address topic X and you inadvertently address topic Y, then it’s hard to score many points.
[2] Questions 1 and 2: CISG Application to Sale of Goods & Finance Arrangements
2
Question 1 is based on Module 4: International Sales Contracts – as principally governed by CISG 1980.
Though there may be extra issues to consider, Question 1 primarily concerns a fairly straightforward application of CISG 1980, with payment required by letter of
credit. Have the two parties performed their contractual obligations? Are the shipments non-conforming? What are the consequences for the two parties in the event of
mutual contractual non-compliance? For convenience, students may be able to combine their analysis of the two shipments, but if so be sure to identify their discrete
components and don’t overlook possible interaction between them remedy-wise, and their joint effect, based legal rights to cancel the third shipment.
Question 2 more explicitly merges Module 4 and 6 issues: a CISG-governed sale plus international payment, here by irrevocable letter of credit. Sequence-wise, students
could usefully address (b) first since it’s the more substantial part and (a) is a simplified variant. Fraud in a documentary sale – here via the letter of credit – is
always difficult to address in a speedy, effective manner and decouple from the related primary sale transaction. On fraud issues, see e.g. UCP600 that analyses in
some depth, the related problems of defective and fraudulent documentation.
[3] Question 3: Philippine Mangoes in Australia Today?
This question revisits the ongoing tension between Australia and the Philippines – both with sizeable (potentially competing) agricultural sectors – concerning
interaction between applicable GATT-WTO international trade rules, including Phyto-Sanitary rules, and Australian domestic measures, as applied to the Philippine fresh
mango import trade. There is a potentially overwhelming volume of relevant resource material available concerning this topic, so it’s important to keep it within
manageable confines. The following list of documents should be more or less sufficient for this question; though as always, students can go beyond it and will be
rewarded for their due diligence.
 LAWS20038 Study Guide Modules 9 & 10: GATT & The WTO and Regional Trade Agreements. Focus on the ANZAFTA which includes Australia and the Philippines.
 Australian Government – DFAT, Agreement Establishing the AANZFTA, see Chapter 5 on SPS Measures, http://www.dfat.gov.au/fta/aanzfta/contents.html.
 WTO – Sanitary and Phytosanitary Measures, http://www.wto.org/english/tratop_e/sps_e/sps_e.htm
 Biosecurity Australia, (2010) Mangoes from the Philippines, http://www.daff.gov.au/ba/ira/final-plant/mangoes-phillippines .
 Biosecurity Australia (2012) Reform of Australia’s Biosecurity System, http://www.daff.gov.au/__data/assets/pdf_file/0004/2134795/bio-reform-final.pdf
Concluding Comments
I trust this note provides some initial useful guidance. Students should already be underway with research on this second assignment, keeping in mind that it comprises
50% of total course assessment, that a good standard of work is required and that proper referencing is required in order to avoid plagiarism penalties being applied.

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