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INTERNATIONAL TRADE LAW

Semester 2, 2007

Take Home Examination

4 p.m. Thursday, 25 October 2007 to 4 p.m. Wednesday, 31 October 2007

Instructions

1. All candidates must answer TWO questions ONLY. All candidates MUST DO QUESTION ONE. This is worth 30 marks. All candidates can then choose ONE question out of the remaining three (questions 2 to 4 inclusive). Each is worth 20 Marks.

2. A word limit of 3,750 words applies for the WHOLE of the exam paper. Footnotes are not required. Full citations are also not required for materials in the recommended text.

3. If you have enough information to provide an answer then you must attempt to do so. In other events, you are required to indicate the questions that need to be answered and the methodology of determining a solution to the problem.

4. Marks will primarily be allocated for the REASONING you apply in dealing with the questions. The questions can generally be answered from the material covered in classes and in addition from the materials contained in the recommended text, Pryles, Waincymer and Davies, International Trade Law: Commentary and Materials (2nd edn).

PART 1  -  THIS SECTION IS COMPULSORY

Question 1 – 30 marks

An Australian company wishes to enter into a joint venture with a company in Cambodia to build a computer production facility, to be paid for by a government instrumentality. The computers that are to be produced are also to be sold via a related distribution company to customers in the Asia-Pacific region. Prepare a memorandum setting out the key elements that you think should be incorporated in the contract to build the facility AND the contracts for sale of the computers. Where the latter are concerned, you have been asked specifically to determine whether the CISG should apply. Do NOT discuss dispute settlement provisions for any of the contracts. Give reasons in support of your recommendations. You are not required to do the actual contract drafting.

PART 2 – ANSWER ONE QUESTION ONLY FROM THE FOLLOWING

Question 2 – 20  marks

You are advising a developing country government that has recently moved to establishment of a market-based economic system. It seeks your advice as to whether it should adopt the UNCITRAL Model Law on International Commercial Arbitration and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Explain with reasons the pros and cons of such initiatives.

OR

Question 3 – 20 marks

“International unification instruments display a strong tendency either to compromise legal certainty or to advance the agendas of interest groups. In either case they offer no obvious welfare gains as compared to rules produced through the national legislative process.” Paul B Stephan, The Futility of Unification and Harmonisation in International Commercial Law, University of Virginia School of Law Working Paper No 99-10, June 1999, page 33. Discuss this view in the context of EITHER of the following recent proposed initiatives:

a) Hague Convention of 30 June 2005 on本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。