BTX3110 International Trade Law

Take-home exam Trimester B 2020

Exam details

Weighting: 50%; Length: 2,000 words (excluding references).

Released in last class, due for online submission (no hard copy required) on Wednesday 7 October
2020 at 11:55 PM.

The criteria and targets for marking include the following:

CRITERION TARGET

Clarity of The submission demonstrates detailed attention to and successful execution of

expression writing conventions, including presentation, structure and content; it uses clear
10% language that skilfully communicates meaning to readers with clarity and fluency,
and it is virtually error-free.
Research The submission thoroughly synthesises in-depth information from a range of high-
capability quality and credible sources that are appropriate to substantiate relevant
20% arguments; it documents these sources fully using the required style of reference.
Critical The submission examines legal questions from a complex range of viewpoints;
thinking conclusions and related outcomes are innovative and reflective of independent
30% evaluation; it shows ability to logically discuss multiple evidence and perspectives
to form a coherent critique.
Practical The submission links in-depth legal analysis and articulate business reasoning to
applicability develop a realistic evaluation of empirical issues; it is consistently based on a
40% bottom-line argument and offers an actionable conclusion.

Your submission should be typed in a font of between 11 and 12, use 1.5 line spacing and leave margins
of 2.5 cm on the left and right.

Your submission should be referenced using the Australian Guide to Legal Citation (AGLC, a footnoting
method) and include a bibliography. Your bibliography should include all resources you used (including
those not quoted or paraphrased in your work) in the preparation of your work. Your bibliography
should be arranged using the AGLC categories of journals, cases, legislation etc.

**

Preliminary information

Australia-Singapore Digital Economy Agreement

On 6 August 2020, Minister for Trade, Tourism and Investment Simon Birmingham and Singapore’s
Minister for Trade and Industry Chan Chun Sing digitally signed the Australia-Singapore Digital
Economy Agreement (DEA). This follows the official conclusion of negotiations by Prime Ministers
Scott Morrison and Lee Hsien Loong on 23 March 2020.

The DEA breaks new ground. It sets new global benchmarks for trade rules, and a range of practical
cooperation initiatives, to reduce barriers to digital trade and build an environment in which
Australian businesses and consumers are able to participate and benefit from digital trade and the
digitalisation of the economy.

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Monash University - Bachelor of International Business
 BTX3110 International Trade Law

The DEA will upgrade the digital trade arrangements between Australia and Singapore under the
Comprehensive and Progressive Agreement on the Trans-Pacific Partnership and the Singapore-
Australia Free Trade Agreement – which are already among some of the most ambitious globally. For
example, it: delivers more robust rules that ensure businesses, including in the financial sector, can
transfer data across borders and will not be required to build or use data storage centres in either
jurisdiction; improves protections for source code; establishes new commitments on compatible e-
invoicing and e-payment frameworks; and delivers new benchmarks for improving safety and
consumer experiences online.

The DEA also delivers a range of new trade rules, and a comprehensive framework for bilateral
cooperation, to help businesses and consumers capitalise on the digital economy. Australia and
Singapore have negotiated cutting-edge new rules, and signed a series of MoUs on areas including
data innovation, artificial intelligence, e-invoicing, e-certification for agricultural exports and
imports, trade facilitation, personal data protection, and digital identity.

Cooperation under the DEA also includes closer cooperation to support the harmonisation of key
standards to support digital trade. This work has already begun with a jointly commissioned study to
identify priority opportunities for increased digital standardisation, reporting to Australia and
Singapore in mid-2020.

The DEA will now undergo Australian treaty-making processes, including tabling in Parliament and
consideration by the Joint Standing Committee on Treaties prior to ratification.

Once the DEA enters into force, it will amend the Singapore-Australia Free Trade Agreement to
replace the existing Electronic Commerce chapter with a new Digital Economy chapter, along with
other amendments.

You can find further information and updates on this trade negotiation at these links from the
Australian Government:

https://www.dfat.gov.au/trade/services-and-digital-trade/Pages/australia-and-singapore-digital-
economy-agreement

https://www.dfat.gov.au/trade/services-and-digital-trade/Pages/services-and-digital-trade

Stakeholders are invited to consider and comment on the commercial, economic, regional and other
impacts that could be expected to arise from the DEA for the Australian and Singaporean economies.

Your task

You have to write a legal brief (i.e. submission) on behalf of a real or fictional stakeholder of your
choice. Stakeholders may include:

• Third country governments and public bodies

• non-government organisations and other non-commercial entities
• peak industry bodies and unions
• firms and individuals with special interests
• academics and other individuals without vested interests

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Monash University - Bachelor of International Business
 BTX3110 International Trade Law

Stakeholders are invited to consider and comment on the commercial, economic, regional and other
impacts that could be expected to arise from the implementation of this trade deal. In your submission,
you may wish to focus on specific market access challenges, other issues of importance in doing
business with the region involved, as well as how economic cooperation on trade and sustainable
development issues could be undertaken under the proposed trade deal.

Possible issues stakeholders may wish to address include:

• goods market access (tariffs and quotas)

• biosecurity and food safety issues
• regulatory issues
• customs procedures
• cross-border trade in services
• financial services
• investment, including investor-state dispute settlement
• government procurement
• intellectual property, including geographical indications
• barriers to trade in emerging and innovative industries such as biotechnology, artificial
intelligence, IT incubators
• movement of persons
• competition policy
• sustainable development
• any other issue you wish to raise (including broad geopolitical dynamics).

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Monash University - Bachelor of International Business