Discuss the history of ChAFTA
LAWS20062 – TERM 2, 2017
ASSESSMENT 2 – INDIVIDUAL ASSIGNMENT
Marks: 50% of the overall assessment for the course
Submission: Online via Moodle
Format: One file in .doc or .docx (MSWord) format.
Submissions in any other file format (e.g. .zip) will be treated as a nonsubmission.
Word limit: 3000 words
Due date: Week 12 Wednesday (04-Oct-2017) 04:00 PM AEST
Return to students: Exam Week Monday (16-Oct-2017)
Extensions policy: The university policy on extensions of time will be strictly
enforced. Extensions will only be considered if made via the online system
and based on medical or compassionate grounds. Any extension application
should be made before the due date for submission. Medical conditions
should be supported by a medical certificate, and, since students are
expected to start the assignment early, temporary or last-minute conditions
are usually not grounds for an extension. Professionals are expected to
manage their time to meet their obligations, so work or personal commitments
are insufficient grounds for an extension.
Plagiarism: The university’s plagiarism policy will also be strictly enforced. If
plagiarism is found, a minimum penalty is likely to be zero marks for the
assessment. It could be worse.
Question 1: 25 marks, 25% of the subject
ChAFTA stands for the China-Australia Free Trade Agreement. Answer the
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. Analyse 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 marks
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.
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
~ a reasonably plausible conclusion (20%).