BTX5050

Asian business law

Unit Guide

Semester 2, 2010

The information contained in this unit guide is correct at time of publication. The University has the right
to change any of the elements contained in this document at any time.

Last updated: 16 Jul 2010

 Table of Contents
BTX5050 Asian business law - Semester 2, 2010...................................................................................1
Chief Examiner:...............................................................................................................................1
Lecturer(s) / Leader(s):....................................................................................................................1
Caulfield...............................................................................................................................1
Tutor(s):.......................................................................................................................................................1
Introduction..................................................................................................................................................2
Unit synopsis...............................................................................................................................................2
Learning outcomes......................................................................................................................................2
Contact hours..............................................................................................................................................2
Workload.....................................................................................................................................................2
Teaching and learning method....................................................................................................................3
Timetable information......................................................................................................................3
Unit Schedule..................................................................................................................................3
Unit Resources............................................................................................................................................6
Prescribed text(s) and readings.......................................................................................................6
Recommended text(s) and readings................................................................................................6
Library resources.............................................................................................................................6
Blackboard (MUSO).........................................................................................................................6
Study resources...............................................................................................................................7
Assessment.................................................................................................................................................8
Assessment Summary.....................................................................................................................8
Faculty assessment policy...............................................................................................................8
Second marking...............................................................................................................................8
Return of final marks........................................................................................................................8
Applications for extension of time....................................................................................................8
Additional assessment information..................................................................................................8
Assessment tasks............................................................................................................................9
Assessment task 1...........................................................................................................................9
Assessment task 2.........................................................................................................................10
Examinations.................................................................................................................................10
Examination 1................................................................................................................................10
Special consideration.....................................................................................................................11
Assessment criteria - grading descriptors table.............................................................................12
Appendix....................................................................................................................................................13
BTX5050 Asian business law - Semester 2, 2010

Chief Examiner:
Alice de Jonge
Lecturer(s) / Leader(s):

Caulfield
Dr Alice De Jonge
Senior Lecturer
Phone: +61 3 990 32587
Email: Alice.DeJonge@buseco.monash.edu.au
Location: Room 29, Building S4, Caulfield

Contact hours: Monday to Wednesday 11 am - 6 pm.

Professor John Gillespie

Professor Chair, Business Law
Phone: +61 3 990 34064
Email: John.Gillespie@buseco.monash.edu.au
Location: Room 18, Building S4, Clayton

Tutor(s):

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BTX5050 Asian business law - Semester 2, 2010

Introduction
Welcome to BTX5050 Comparative Business Law in Asia for Semester 2, 2010. This 6 point selective
unit adds value to all Postgraduate degree programs in the Faculty of Business and Economics. The
unit has been designed to provide you with an understanding of legal systems in some of Australia's key
Asian neighbours, and how they operate. It explores the historical, economic and political contexts of
these legal systems. This unit will help you understand the relationship between 'law on the books' and
the practical application of law using cases and real examples.

Unit synopsis
Trade and investment regimes affecting enterprises operating in the Asian region. International and
regional trade conventions. Business and investment laws of selected Asian nations. Topics covered
include national development planning; the political context of international trade and investment;
import/export regulation; foreign investment regimes, corporate governance, prudential regulation in East
Asia and dispute resolution.

Learning outcomes
The learning goals associated with this unit are to:

• define and describe the history and current operation of regional trade and investment
agreements in Asia
• describe and demonstrate an understanding of the historical, economic and political context of
national legal systems in selected Asian jurisdictions (Malaysia, Indonesia, China and Hong
Kong)
• identify and describe the operation of the institutions responsible for the administration of
commercial laws in selection Asian jurisdictions
• have used accepted legal research methodology to examine in detail their choice from a number
of specialised topics related to commercial law in one or more Asian jurisdictions
• identify, analyse and propose possible resolutions to legal issues arising from the conduct of
business activities in one or more selected Asian jurisdictions.

Contact hours
3 hours per week

Workload
ON CAMPUS: this is a six credit point unit with three hours class contact per week over 13 teaching
weeks. The total time commitment expected for this unit is 156 hours. In order to meet the faculty's
expectation, students should plan to spend on average nine hours in self-directed study, in addition to
the three hours of class contact, each week.

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BTX5050 Asian business law - Semester 2, 2010

Teaching and learning method

The sequence of topics covered in this unit is designed to help students build on previous knowledge
and skills at a pace that prepares students for each piece of assessment.

Lectures and class discussions will be used to introduce students to broader areas of knowledge and
research, allowing students to build on this understanding for the purposes of individual research.

Students are encourage to read widely, selectively and critically in their chosen areas of interest.

Timetable information
For information on your timetable, including tutorial allocation if required, please refer to:
http://allocate.its.monash.edu.au/

Unit Schedule

Day/Time Lecturer/Speaker Topic Case Study

Week One Professor John Introduction to comparative Case examples that explain how legal
21 July Gillespie law: principles and problems systems evolve:
2010
What is law; Categorising Indonesia: adat, Dutch law, Islamic
Wed 2 pm - different types of legal and post-independence law
5 pm systems.
Vietnam: Chinese influence, French
colonial law, Socialism and mixed
market law
Week Two Professor John Legal Globalisation in Asia International donor agencies and
28 July Gillespie domestic lawmakers
2010 Demonstrate how legal
transfers have shaped the Public participation in legal drafting
Wed 2 pm - legal systems in Asia
5 pm Global diffusion that by-passes states:
International standards; Supply chain
agreements; Professional regulation
(auditing and legal practices).
Week Professor John Comparative Constitutional Indonesian constitutions
Three 4 Gillespie law in Asia
August Vietnamese constitutions
2010 What is the role of
Constitutions in Asia? Thai constitutions
Wed 2-5
pm The role of Constitutional courts
Week Four Dr Alice de Jonge Overview of regional trading ASEAN; APEC; China-ASEAN and
11 August agreements China-HK CEPT. Draft PRC-Taiwan
2010 understanding.
Multilateral and bilateral
Wed 2 - 5 trading relations in the
pm Asia-Pacific
Week Five Dr Alice de Jonge The Malaysian Legal System Shariah courts in operation.
18 August - history and overview.

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BTX5050 Asian business law - Semester 2, 2010
2010 A diversity of courts and Conflicts of law
legal systems: legal
Wed 2-5 pluralism The Native courts of Sabah and
pm Sarawak.
Week Six Dr Alice de Jonge The Indonesian Legal Decentralisation and legal reform in
25 August System - history and Indonesia: the pendulum effect
2010 overview

Wed 2-5 Islamic law in a Civil Law

pm setting
Week Dr Alice de Jonge The Chinese legal system - Decentralisation and legal reform in
Seven 1st history and overview. China.
September Market development with
2010 socialist characteristics?

Wed 2-5 Hong Kong - One Country,

Two Systems.
Week Eight Dr Alice de Jonge Foreign Investment law and Corporate goverance in Malaysia and
8th policy in Malaysia and Indonesia - a comparative
September Indonesia. perspective.
2010
Company Law in Malaysia
Wed 2-5 and Indonesia
Week Nine Professor John Introducing land law in Asia Land disputes.
15th Gillespie
September History of land tenure
2010 (Indonesia and Vietnam)

Wed 2-5 Formal titles

Taking land for public

purposes
Week Ten Professor John Market Regulation in Asia Competition cases.
22nd Gillespie
September The regulatory approach to
2010 market control

Wed 2-5. Market entry regulation

Competition regulation
Mid Semester Break
Week Dr Alice de Jonge Foreign Investment Law and Corporate Goverance and China's
Eleven 6th Policy in Hong Kong and H-Share Market.
October Mainland China.
2010
- including consideration of
Wed 2-5 China's WTO commitments.

Company law in Hong Kong

and Mainland China - a
comparative corporate
governance perspective.

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BTX5050 Asian business law - Semester 2, 2010
Week Professor John Asian courts in comparative Judicial power as a measure of
Twelve 13 Gillespie perspective. effective courts.
October
2010 Cultural aspects of dispute
resolution
Wed 2-5
Court structures and internal
workings.

Business demand for dispute

resolution.
Week Alice de Jonge and Student Presentations Student research case studies.
Thirteen John Gillespie.
20th Cash Prizes for the best
October research-paper oral
2010 presentations.

Wed 2-5 End of semeter surveys

pm administered.

Revision questions and

distribution of Take-home
examination paper.

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BTX5050 Asian business law - Semester 2, 2010

Unit Resources

Prescribed text(s) and readings

A set of printed reading materials will be provided to students in week one. No textbook purchase is
required.

Recommended text(s) and readings

The World Bank, The East Asian Miracle: Economic Growth and Public Policy (Oxford University Press,
1993).

Francis Loh Kok Wah and Joakim Ojendal (eds), Southeast Asian Responses to Globalization:
Restructuring Governance and Deepening Democracy (Institute of Southeast Asian Studies, 2005)

Peter Church (ed), A short history of South-east Asia (rev ed, John Wiley & Sons (Asia), 2003).

Michael Leifer, Dictionary of the Modern Politics of South-east Asia (Routledge, 1995).

Jim Baker, Crossroads: A Popular History of Malaysia and Singapore (2nd ed, Marshall Cavendish,
2008).

Michael Plummer and Chia Siow Yue (eds) Realizing the ASEAN Economic Community (Institute of
Southeast Asian Studies, 2009)

Mahathir bin Mohamad, The Malay Dilemma (Times books, 1970).

In-Won Hwang, Personalized Politics: The Malaysian State under Mahathir (Institute of Southeast Asian
Studies, 2003).

Ross McLeod and Andrew MacIntyre, Indonesia: Democracy and the Promise of Good Governance
(Research School of Pacific and Asian Studies, ANU, ISEAS, 2007).

Tim Lindsey (ed) Indonesia Law and Society (Federation Press, 2nd ed, 2008).

Bin Liang, The Changing Chinese Legal System, 1978-Present: Centralization of Power and
Rationalization of the Legal System (Routledge, 2008).

Library resources
The Monash University Library provides a range of services and resources that enable you to save time
and be more efficient in your learning and research at URL: http://www.lib.monash.edu.au or via the
Library tab in the my.monash portal.

Blackboard (MUSO)
• All unit and lecture materials, plus other information of importance to students, are available
through the MUSO (Monash University Studies Online) site. You can access MUSO via the
My.Monash Portal: http://my.monash.edu.au

Under “Online Systems” click the MUSO hyperlink

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BTX5050 Asian business law - Semester 2, 2010

In order for your MUSO unit(s) to function correctly, your computer needs to be set up and certain
programs may need to be installed such as a compatible Java version (eg version 1.5.0). This can easily
be done by going to http://www.monash.edu.au/muso/support/students/browserset.html to update the
relevant software.

You can contact MUSO Support by:

Jobdesk: http://jobdesk.monash.edu.au/login/index.cfm?jobdesk_id=14
Email: muso.support@calt.monash.edu.au
Phone: (+61 3) 9903-1268

Operational hours (Monday – Thursday) – local time

Australia: 8 am to 10 pm (8pm Non Teaching period)

Malaysia: 6 am to 8 pm (6 pm Non Teaching period)
South Africa: 11pm to 1pm (11 am Non Teaching period)

Operational hours (Friday) – local time

Australia: Australia: 8 am to 8 pm
Malaysia: 6 am to 6 pm
South Africa: 11pm to 11 am

Operational hours (Saturday-Sunday) – local time (Teaching and Exam Period Only)

Australia: 1 pm to 5 pm
Malaysia: 11 am to 3 pm
South Africa: 4 am to 8 am

Further information can be obtained from the following site

http://www.monash.edu.au/muso/support/index.html

Study resources
Study resources we will provide for your study are:

• A set of printed reading materials.

• Weekly detailed lecture slides;
• Weekly tutorial questions;
• Assignment specifications;
• Access to past examination papers;
• Discussion groups;
• This Unit Guide outlining the administrative information for the unit;
• The unit web site on MUSO, where resources outlined above will be made available.

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BTX5050 Asian business law - Semester 2, 2010

Assessment

Assessment Summary
Within semester assessment: 60%
Examination (take-home): 40%

Faculty assessment policy

For information regarding assessment policy, please refer to the appendix at the end of this Unit Guide.

Second marking
For information regarding second marking practice, please refer to
http://www.buseco.monash.edu.au/asg/agu/policies/written-assign.html#secmark

Return of final marks

The final mark that a student receives for a unit will be determined by the Board of Examiners on the
recommendation of the Chief Examiner taking into account all aspects of assessment. The final mark for
this unit will be released by the Board of Examiners on the date nominated in the Faculty Calendar.

Applications for extension of time

For information regarding extensions of time, please refer to
http://www.buseco.monash.edu.au/asg/agu/policies/written-assign.html#extoftime

Additional assessment information

There are two parts to the in-semester assessment for this unit.

PART ONE IS A GROUP ASSIGNMENT. This assignment is worth 20% of the total assessment for
each student. This assignment involves a short research paper of 1,500 words in length accompanied
by a conference-standard poster of A-3 size. Students must prepare this assignment in groups of two or
three people. Research papers of more than 1,750 words or less than 1,250 words in length will not be
accepted. The poster to accompany each research paper should clearly outline in visual form the results
of the group's research paper. Posters will be displayed during the Week 13 Revision class and prizes
awarded to the two best posters.

THE TOPIC FOR THE CLASS ASSIGNMENT IS AS FOLLOWS:

"The most important and significant recent legal reform/ legal development in China/ Hong Kong/
Indonesia/ Malaysia (choose one) is .....

The Group Assignment topic requires students to select one significant legal reform or legal development
which has taken place since January 2009 in a selected Asian jurisdiction of their choice. Students must
outline the nature of the reform or legal development, and should explain why they consider that reform
or development to be significant or important.

Each group MAY present the results of their paper in the form of an oral presentation to the class of

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BTX5050 Asian business law - Semester 2, 2010
between 5 and 10 minutes in length to be delivered during the Week 13 Class. Cash prizes will be
awarded to the two best oral presentations.

PART TWO OF YOUR IN-SEMESTER ASSESSMENT FOR THIS UNIT comprises an individual
research paper of between 3,500 -4,500 words in length and is worth 40% of your final assessment for
this unit. Students may develop their own research topic, or may use or adapt for use, one of the many
tutorial questions provided for each topic covered in the unit reading materials provided. INDIVIDUAL
RESEARCH TOPICS MUST BE FINALISED AND APPROVED BY FRIDAY 13TH AUGUST 2010.
INDIVIDUAL RESEARCH PAPERS MUST BE SUBMITTED NO LATER THAN 12 MIDDAY ON FRIDAY
8TH OCTOBER 2010. PLEASE NOTE THAT ALL PAPERS WILL BE MARKED AND AVAILABLE FOR
COLLECTION THREE WEEKS AFTER THE DATE OF SUBMISSION.

THE TAKE HOME EXAMINATION PAPER IS WORTH 40% OF FINAL ASSESSMENT FOR EACH
STUDENT AND WILL BE DISTRIBUTED AT THE END OF THE WEEK 13 CLASS. A copy of the Take
home exam will also be available on the MUSO/Blackboard website for this unit. There is a maximum
word limit of 5,000 words for this piece of assessment. Students will be asked to select two, from a
number of essay questions related to topics covered during the semester. TAKE HOME EXAM
ANSWERS MUST BE SUBMITTED NO LATER THAN 4 PM ON FRIDAY 29TH OCTOBER 2010.

Assessment tasks
• Assessment task 1
Title:
Group Assignment - Significant legal reform
Learning objectives assessed:
Understanding the context of legal reform in a selected Asian jurisdiction. Understanding
the practical operation of law and law reform. Ability to apply legal research
methodology. Ability to analyse and critique law reform in context.
Weighting:
20%
Task details:
There are two parts to the in-semester assessment for this unit.

PART ONE IS A GROUP ASSIGNMENT. This assignment is worth 20% of the total
assessment for each student. This assignment involves a short research paper of 1,500
words in length accompanied by a conference-standard poster of A-3 size. Students must
prepare this assignment in groups of two or three people. Research papers of more than
1,750 words or less than 1,250 words in length will not be accepted. The poster to
accompany each research paper should clearly outline in visual form the results of the
group's research paper. Posters will be displayed during the Week 13 Revision class and
prizes awarded to the two best posters.

THE TOPIC FOR THE CLASS ASSIGNMENT IS AS FOLLOWS:

"The most important and significant recent legal reform/ legal development in China/ Hong
Kong/ Indonesia/ Malaysia (choose one) is .....

The Group Assignment topic requires students to select one significant legal reform or
legal development which has taken place since January 2009 in a selected Asian
jurisdiction of their choice. Students must outline the nature of the reform or legal
development, and should explain why they consider that reform or development to be
significant or important.

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BTX5050 Asian business law - Semester 2, 2010
Each group MAY present the results of their paper in the form of an oral presentation to
the class of between 5 and 10 minutes in length to be delivered during the Week 13
Class. Cash prizes will be awarded to the two best oral presentations.
Word limit:
1,500 words
Due date:
12 midday on Friday 8th October 2010
Return of marks:
Three weeks from date of submission.
Assessment coversheet:
Group assessment cover sheet - signed - required.

• Assessment task 2
Title:
Individual Research Paper
Learning objectives assessed:
Ability to apply legal research methodology in context.
Weighting:
40%
Task details:
PART TWO OF YOUR IN-SEMESTER ASSESSMENT FOR THIS UNIT comprises an
individual research paper of between 3,500 -4,500 words in length and is worth 40% of
your final assessment for this unit. Students may develop their own research topic or may
use or adapt for use one of the many tutorial questions provided for each topic covered in
the unit reading materials provided. INDIVIDUAL RESEARCH TOPICS MUST BE
FINALISED AND APPROVED BY FRIDAY 13TH AUGUST 2010. INDIVIDUAL
RESEARCH PAPERS MUST BE SUBMITTED NO LATER THAN 12 MIDDAY ON
FRIDAY 8TH OCTOBER 2010. PLEASE NOTE THAT ALL PAPERS WILL BE MARKED
AND AVAILABLE FOR COLLECTION THREE WEEKS AFTER THE DATE OF
SUBMISSION.
Word limit:
4,000 words.
Due date:
12 midday on Friday 8th October 2010
Return of marks:
Three weeks following date of submission.
Assessment coversheet:
Signed cover sheet required.

Examinations
• Examination 1
Weighting:
40%
Duration:
Type (open/closed book):
Materials examinable:
Remarks:
Take-home examination

20th October - 29th October 2010.

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BTX5050 Asian business law - Semester 2, 2010

Special consideration
For information regarding special consideration, please refer to the appendix at the end of this Unit
Guide.

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BTX5050 Asian business law - Semester 2, 2010

Assessment criteria - grading descriptors table

High Distinction Credit Pass Fail
Distinction (70 - 79%) (60 - 69%) (50 - 59%) (Less than 50%)
(80%+)
General Outstanding or A very high Demonstrates a Satisfies the Fails to satisfy the
description exceptional work standard of high level of minimum minimum
in terms of work which understanding and requirements requirements
understanding, demonstrates presentation and a
interpretation originality and degree of
and insight originality and
presentation insight
Reading Strong evidence Evidence of Thorough Evidence of Very little evidence
of independent reading beyond understanding of having read core of having read any
reading beyond core texts and core texts and texts and of the core texts
core texts and materials materials materials and materials
materials
Knowledge Demonstrates Evidence of an Sound knowledge Knowledge of Scant knowledge
of topic insight, awareness and of principles and principles and of principles and
awareness and understanding concepts concepts at least concepts
understanding of deeper and adequate to
of deeper and more subtle communicate
more subtle aspects of the intelligently in
aspects of the topic the topic and to
topic. Ability to serve as a basis
consider topic in for further study
the broader
context of the
discipline
Articulation Demonstrates Evidence of Well-reasoned Sound argument Very little evidence
of argument imagination or imagination or argument based based on of ability to
flair. flair. on broad evidence evidence construct coherent
argument
Demonstrates Evidence of
originality and originality and
independent independent
thought thought
Analytical Highly Clear evidence Evidence of Some evidence Very little evidence
and developed of analytical and analytical and of analytical and of analytical and
evaluative analytical and evaluative skills evaluative skills evaluative skills evaluative skills
skills evaluative skills
Problem Ability to solve Ability to solve
Ability to use and Adequate Very little evidence
solving very challenging non-routine apply fundamental problem-solving of problem-solving
problems problems concepts and skills skills skills
Expression Highly Well developed Good skills in Adequate skills Inadequate skills
and developed skills skills in expression and in expression in expression and
presentation in expression expression and presentation. and presentation presentation.
appropriate and presentation. Accurate and Inaccurate and
to the presentation. consistent inconsistent
discipline acknowledgement acknowledgement
of sources. of sources.
Source: University of Adelaide 2005

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BTX5050 Asian business law - Semester 2, 2010

Appendix
Please visit the following URL: http://www.buseco.monash.edu.au/unit-guide/appendix.html for further
information about:

• Continuous improvement
• Assessment policy
• Grading Scale policy
• Special consideration
• Plagiarism, cheating and collusion
• Plagiarism register
• Non-discriminatory language
• Students with disabilities
• Using the University’s computer and IT facilities
• Faculty policies
• Related links

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