law

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ASSESSMENT ITEM 1
Weighting: 50%
Length: Approximately 3000 – 3500 words
Objectives
This assessment item relates to learning outcomes 1-5 as stated in the course profile and addresses
material covered in modules 1-4 (weeks 1-5) of the course. Answer all questions.
Please also note that additional readings relevant to the assignments may be made available to
students. If so, students will be advised on this on the Moodle-based course website which all students
should access on a regular basis.

Question 1 5 marks
Define and distinguish between domestic law, public, private international business law and explain
their interface.
Question 2 5 Marks
Provide an account of what Murabaha and Musharaka are and why they are practiced in jurisdictions
governed by Islamic Law.
Question 3 20 Marks
Find the following judgment, Sino Dragon Trading Ltd v Noble Resources International Pte Ltd [2015]
FCA 1028 and answer the following questions:
(a) Provide an account of the parties in this case and what relief if any is sought by them respectively.

(5 marks)

(b) What was the primary legal issue/s in contention between the parties and what were the relevant
legal principles relied upon by the Court? (10 marks)
(c) What orders were made? (5 marks)

Question 4 20 Marks
Geo Corp Ltd is a leading Queensland importer and distributor of mining equipment who wishes to
import a US$1,750,000 tractor. They communicate with a US company, based in North Dakota, who,
subsequently supplies the tractor. Geo Corp seeks your advice as an adviser on the following key legal
aspects of its proposed purchase. Assume that the North Dakota company has a standard form contract
based on US law, with no arbitration clause, but is amenable to negotiation on key legal issues in
exchange for Geo Corp making payment in full, prior to shipment:
(a) Choice of law issues, Australia or US – what US law would by default govern the sales contract if
the standard form US contract was relied upon, and is it possible under US law to select CISG for
the law of the contract? (10 marks)

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(b) The merits of a compulsory arbitration clause and if arbitration was to be US based, what
arbitration law would apply and what arbitration bodies are available. (5 marks)
(c) Alternatively, assuming the parties selected Queensland law, discuss and appraise, how a
Queensland court judgment or Queensland arbitration award would be recognised and enforced
under the US legal system.

(5 marks)

Description

Domestic law, also known as the municipal law, is the internal law of a sovereign state that is defined in opposition to international law. Domestic law includes different levels of laws like state law, provisional law, territorial law, regional law, and local level laws.[1] International law can be defined as a rule that is generally accepted by the international community including customary international laws, international treaties and agreements, general principles of major legal systems, and others. Public law mainly deals with issue that affect the general public or the state at large, and includes administrative law, constitutional laws, criminal laws, municipal laws, and international laws.