Question 1: 25 marks, 25% of the subject ChAFTA stands for the China-Australia Free Trade Agreement. Answer the following questions:
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1. Describe how free trade agreements are created, and their legal status at an international level. 5 marks
2. Discuss the history of ChAFTA. 5 marks
3. Explain the objectives of ChAFTA and how ChAFTA attempts to its achieve its objectives? 5 marks
4. Analyze the benefits and any drawbacks for Australia because of ChAFTA. 5 marks
5. Solve the issue as to whether ChAFTA can be enforced against either China or Australia for breach of agreement. 5 mark 2. the settlement of international commercial disputes with a focus on the ICJ decision on Australia v Japan: New Zealand intervening (2014). This theoretical question must be written in the IRAC method, will be worth 25 marks and the maximum word limit will be 1500 words.
QUESTION 2: 25 marks, 25% of the subject Compare and contrast how international commercial disputes are resolved in the ICJ (International Court of Justice) and the DSB of the WTO (Dispute Settlement Body of the World Trade Organization), with the High Court of Australia, and the ACICA (Australian Centre for International Commercial Arbitration), using case examples. Assignment notes a. In relation to the IRAC method, the “I” refers to issues (or legal questions), the “R” refers to relevant rules (and only the relevant rules), “A” refers to analysis (or the arguments from both of the parties), and “C” refers to conclusion (or likely legal/court outcome).
Assessment Criteria The assignment will be assessed according to the following criteria: ~ accuracy, detail and comprehension of the legal issues (20%) ~ accuracy, detail and comprehension of the relevant rules (20%), ~ accuracy, detail, comprehension, and criticism of the various points of view (40%), and ~ a reasonably plausible conclusion (20%).
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Learning Outcomes Assessed • discuss the importance of trade terms and in particular the International Chamber of Commerce (ICC) incoterms; • critically analyse and discuss international transportation arrangements and rules, the various methods by which payment may be made for international sale of goods and the significance of the 2007 Revision of Uniform Customs and Practice for Documentary Credits (UCP600) and documentary credits; and • investigate and discuss the various strategies which may be used for penetrating foreign markets including the role and significance of the World Trade Organisation (WTO), the General Agreement on Tariffs and Trade (GATT) and regional trade arrangements. Get Business Law homework help today
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