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HOLMES INSTITUTE FACULTY OF HIGHER EDUCATION HI5015 Legal Aspects of International Trade & Enterprise Assessment Details and Submission Guidelines Trimester T1 2019 Unit Code HI5015 Unit Title Legal Aspects of International Trade & Enterprise Assessment Type Group Assignment Assessment Title Research paper and presentation Purpose of the assessment (with ULO Mapping) Students are required to research an International Law Case of your choice from the list below and explain in a report format on the background of the dispute, facts, legal issues, individual parties’ arguments, tribunal’s decision and the importance of the case in international law. Weight 30% of the total assessments Total Marks 20 marks – research paper and 10 marks for presentation Word limit Not more than 2000 words Due Date Friday Week 10 – 11.59pm Submission Guidelines All work must be submitted on Blackboard by the due date along with a completed Assignment Cover Page. The assignment must be in MS Word format, no spacing, 12-pt Arial font and 2 cm margins on all four sides of your page with appropriate section headings and page numbers. Reference sources must be cited in the text of the report, and listed appropriately at the end in a reference list using Harvard referencing style. Page 2 of 8 HI5015 Legal Aspects of International Trade & Enterprise Assignment 2 Specifications Purpose: This assignment aims at ensuring that students have familiarised themselves with their chosen International Case law and are able to explain the background of the dispute, facts, legal issues, individual parties’ arguments, tribunal’s decision and the importance of the case in international law. Details: Topics and presentation schedule: Please organise yourselves into groups of not more than 5 students and not less than 3 students. The assignment consists of 2 parts; A. Written report – worth 20% and must be submitted – Friday Week 10 at 11.59pm. 1. Select a case from the list of International Law Cases below. 2. Advise your lecturer by email of your group members with student ID numbers and chosen case. Please note: your lecturer’s prior approval of your case is required. 3. Select the party you wish to represent (ex. China in the “Philippines v. China in the South China sea” case; or Canada in “Canada v. Australia – Measures Affecting Importation of Salmon”). 4. Research, read and understand your selected case. 5. Prepare and submit a written report discussing the following: background of the dispute brief facts of the case the legal issues presented the individual parties’ arguments, with particular emphasis on your selected party’s arguments the tribunal’s decision the importance or significance of the case in international law (i.e. why the case is important in the development of international law). You can also discuss any other developments following the court or tribunal’s decision. Assignment structure is to be written as a report format. It must include; Cover page Executive summary Table of contents Section headings Paragraphing Page numbers Reference list at the end of the report Page 3 of 8 HI5015 Legal Aspects of International Trade & Enterprise B. Group Presentation – worth 10% and will be presented / submitted in week 10. Strict adherence to the 10 minute limit is expected. 1. Present and discuss the summary of your report in 10 minutes. 2. The Presentation will be done in class or video recording. Your lecturer will advise which is more appropriate. Whether in-class or video presentation, all members must present. The group will be marked down if not all members present. 3. Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard. 4. A video presentation consists of both images and audio. For this reason, a plain Power Point presentation showing slides even with accompanying voice recording is not considered a video and, hence, not allowed. Important Reminders: Lecturer approval of chosen case: 1. You must email your lecturer your list of group members and chosen case by week 4. 2. You must obtain approval by email from your lecturer of your group and chosen case before starting work on it. You must NOT start work on your group assignment until your lecturer approves your group and case. Please note: failure to obtain lecturer approval will result in a failing mark for the entire group for this assignment. Submission: 1. All group report submissions must be done online and run through SafeAssign. No hard copies are to be submitted. Only one group member needs to submit for the whole group. 2. Please fill in the “Group Report cover sheet” (available in Blackboard under “Assignments and Due dates) and attach as a cover sheet to your group report and upload on Blackboard. 3. Each group must email to their lecturer a “Peer Evaluation of Individual Participation in Group Assignment” sheet (available in Blackboard under “Assignments and Due dates). 4. Non-submission of either the group report or video presentation link (if a group is doing a video) on Blackboard/SafeAssign (if doing a video presentation) is equivalent to non-submission, which will merit a mark of 0 (zero) for the group assignment. 5. This is a group assignment and is meant to be worked on in groups. Groups of less than 3 and more 5 members will receive a penalty of 10 marks (50%). 6. Reports must be submitted via SafeAssign on Blackboard and show a similarity percentage figure. Any group report that does not show a SafeAssign similarity percentage will not be marked and be required to re-submit. 7. Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outline and Student handbook). Page 4 of 8 HI5015 Legal Aspects of International Trade & Enterprise Citation and referencing: 1. The group report must have a minimum of 6 scholarly, academic references, which are appropriate for a Masters Level assignment. 2. Assignments are expected to observe proper referencing in accordance with a generally accepted system of citation (ex, Harvard System). A properly referenced assignment showing in-text citation is critical to passing and obtaining a good mark in the group assignment. SafeAssign similarity percentage: 1. Plagiarism in any form, shape or manner is unacceptable under any circumstances and will be dealt with according to Institute policy on plagiarism. 2. In general, for written reports, a SafeAssign similarity percentage of 25% or below is acceptable. Regardless of the similarity figure, all group reports must use in-text citation and observe proper referencing rules. INTERNATIONAL LAW CASES Please choose from one of the following topics from the list (see below). Note: Where possible, groups are expected to refer to the texts of the original cases and conduct additional research. Do not rely merely on the case summaries as it is not possible to write a 2,000 word report based only on case summaries. 1. De Sanchez v. Banco Central De Nicaragua Textbook (August, Mayer & Bixby 6th ed): pp. 63-65 2. Chattin v. United Mexican States Textbook: pp. 93-96 3. 3. Islamic Republic or Iran v. United Sates of America http://www.icj-cij.org/en/case/79 4. Commission of the European Communities v. Federal Republic of Germany Textbook: pp. 51-53 . 5. Sandline International Inc. v. Papua New Guinea Textbook: pp. 73-76 6. The M/V Saiga Case (Merits) Textbook: pp. 98-103 7. In the matter of the Loewen Group Inc. and Raymond L Loewen vs USA Textbook: pp. 145-147 8. Bumper Development Corp. Ltd. v. Commissioner of Police of the Metropolis and Others Textbook: pp. 150-153 9. Abbott v. Republic of South Africa Textbook: pp. 163-167 10. Bank of India v. Gobindram Naraindas Sadhwani and Others Textbook: pp. 172-175 11. Jorge Luis Machuca Gonzalez et al. v. Chrysler Corporation et al. Textbook: pp. 177-179 12. Barcelona Traction, Light and Power Co. (Belgium v. Spain) Textbook: pp. 187-189 http://www.icj- cij.org/en/case/50 13. Metro Industries v. Sammi Corp. Textbook: pp. 200-205 14. United States v. Blondek, Tull, Castle, and Lowry Textbook: pp. 225-229 15. Arab Republic of Egypt v. Southern Pacific Properties, Ltd., et al. Textbook: pp. 249-250 16. Brady v. Brown Textbook: pp. 257-262 17. Nissan Motor Mfg. Corp., U.S.A. v. United States Textbook: pp.264-266 18. The Bhopal Case – Charan Lal Sahu v. Union of India Textbook: pp. 277-281 19. Batchelder v. Kawamoto Textbook: pp. 288-290 20. Wilson, Smithett & Cope, Ltd v. Terruzzi Textbook: pp. 315-319 21. Hunt et al. v. Alliance North American Government Income Trust, Inc. et al. Textbook: pp. 344-345 22. Vishipco Line et al. v. Chase Manhattan Bank, N.A. Textbook: pp. 351-354 23. Finance Ministry v. Manifattura Lane Marz Otto, SpA Textbook: pp. 378-379 24. Canada v. Australia – Measures