LAWS2021 INTERNATIONAL BUSINESS LAW
ASSIGNMENT QUESTION AND INSTRUCTIONS
Assignment Question:
On 30th January 2017, the Acting US Trade Representative sent a letter to the Trans-Pacific
Partnership Depositary in Wellington New Zealand, effectively withdrawing the US from the
TPP. The letter was sent from the “Executive Office of The President”. A copy of the letter
can be found here in this assignment package.
The USA had decided to commence protectionist policies and “Make America Great Again”.
Paying particular attention to the doctrine of “comparative advantage”, discuss the effect
of this letter on World Trade and international business law, how the other signatory
nations to the TPP reacted to the USA’s withdrawal, and what they did about it.
Note:
1. Note that the assignment is worth 40% of your total assessment mark.
2. Stick to the word limit of 2,000 words, plus or minus 10%. Check the word count (Under
“Review” in word) and when you do make sure that the box at the bottom which includes
footnotes or endnotes is NOT ticked or you will muck up your word count.
3. NOTE that you will have to read ahead and do some research.
3. Note that you need to submit by 11͗00pm ;NSW TimeͿ Wednesday 19th April 2023.
4. Submit only in electronic format through “Assignment submission”. Check the
Similarity Index of Turnitin and that you have references correctly so that there are no
problems there.
1. MARKING GUIDE CRITERIA:
The marker will examine whether you have:
a. identified and clearly stated the relevant issues;
b. stated relevant legal principles;
c. critically analysed applicable law;
d. integrated and evaluated relevant knowledge from both the material covered in
this unit and your own independent research;
e. developed and sustained a concise and convincing argument through to a logical
conclusion;
f. correctly referenced and acknowledged sources;
g. used fluent, clear, concise writing, not containing poor expression, grammar or
spelling;
h. answered the specific question/s asked.
It is important to understand that while this assignment may be rich in potential topical
discussion, it is still an academic essay. Students should stay away from the “editorial”
expressing personal views and stick to the facts. The undertone presented in the popular
media is, in fact, a good example of the type of writing that needs to be countered by your
sensible, rational and evidence-based argument. You are free to agree or disagree with any
position, but it must be done in a cogent and reasoned manner, based on the best
evidence you can find to support your argument.
Well written and well-argued points will be well received. Unreferenced bias, personal
opinions and unsubstantiated political diatribes will not.
The point of this assignment is to promote critical thinking about the former US
Administration and it’s impact on world trade and international business law in the lead up
to the 2020 election. As a result, there should be an almost endless supply of editorial and/
or other opinionated dialogue online for you to access. It will be very tempting indeed for
you to get bogged down in identity politics and matters of editorialised opinion dressed as
fact. Please try and stick to critical analysis based on actual facts.
It will also be very tempting to make personal, opinionated, politically motivated comments
pertaining to the former US President. This temptation has been placed before you as it is
very easy to criticise the former POTUS, indeed many do. You will have no trouble finding
examples of editorials both praising and criticising the former US administration.
Remember, this is a course in International Business LAW, not journalism or creative
writing. Stick to the facts, they are much more powerful than any opinion. Appropriate
citations of factual, peer reviewed material is essential to make your point. You may
however use news reports and relate them to the course material you have been studying
thus far, using citations to interpret the evidence.
I hope you enjoy the journey, and don’t get lost in the fog!
2. GRADES:
Based on your work, one of the following grades will apply:
HIGH DISTINCTION: Fulfils all the criteria, as well as being particularly well researched and
demonstrates a very high degree of originality and/or innovation in its treatment of the
issues, a high order of critical and argumentative skills, and also a highly developed ability to
write clearly, creatively and concisely.
DISTINCTION: Fulfils all the above criteria, but also shows that the work is well researched
and demonstrates a high degree of originality and/or innovation in its treatment of the
issues, a high order of critical and argumentative skills, and also a developed ability to write
clearly, creatively and concisely.
CREDIT: In addition to satisfying the requirements for a PASS, students have demonstrated
fluency of expression and well-structured arguments, demonstrated reading beyond the
core materials and some analytical and critical argument.
PASS: Students have demonstrated a basic knowledge and reading of core materials only,
some perfunctory arguments. Their work reflects an awareness of gender and cross-cultural
issues (where appropriate). They demonstrate average writing skills.
FAIL: Disorganised, poorly argued, lacking in evidence and detail, overly descriptive.
Demonstrates a failure to read or understand the core materials, evidence of a lack of
research.
3. COMMENTS ON THE ASSIGNMENT
Remember that the assignment should be 2,000 words in length, plus or minus 10%. The
bibliography and brief footnotes are not included in the word count.
You must place the word count on the cover sheet of your assignment.
NOTE: Assignments must be uploaded into Turnitin portal on the International Business Law
MySCU Blackboard site and will be marked electronically. You do not need to send in a hard
copy but you must save your electronic copy.
4. FINDING INFORMATION FOR THE ASSIGNMENT
To find information for the assignment you will need to do some research (apart from
reading what August has to say in Chapter 7 in particular, do a few google searches (starting
with www.wto.org). But what you should be doing includes considering:
• where did Trump and the US Administration seem to be heading, ie, back to
protectionism and if so where does that leave the TTP?
• what was the role of the TTP and what powers do you think it had?
• would the TTP make or influence international business law?
• if the TPP makes or influences IBL, how and in what way?
• does the direction the US now seems to be going inevitably lead to a head on
collision with the TPP and its policies?
• Also have a look at You Tube and what iden and the current US Administration
have been saying now. Is it different to their original withdrawal͍
• Remember that Trump has said the former administration would attempt to stop
US manufacturers going off-shore and for those that do, imposing penalties on
them by way of higher tariffs. Is this happening now͍ If not, what has happened͍
When you write up the paper remember a lot of the material is past. Also remember that
what you are doing is looking at the effect or impact of Trump and his Administration may
have had on the TPP and on IBL, but in a legal context. So you need to refer to areas of
international business law that you believe will be impacted on by the direction Trump and
the US was going and where did that leave the TPP and the rest of the world? What
impact might that have on treaties and conventions that states have currently agreed to,
if any?
zou may also wish to add a crystal-ball type look into the future and the current iden
administration’s approach to the WTO. Is there in fact an approach or has it been
forgotten͍ The effect of the recent actions towards an “alternate” TPP on World Trade
would make an excellent final paragraph͊
In this assignment, just note that there is no right or wrong answer. What is important is
that you recognise that there appears to be constant change taking place in international
trade, that it can effect the way go about international business and that it will impact on
international business law. But explain how you think it will effect IB and why and support
your position with facts.
And most of all, have fun researching and writing this assignment!