Graduate Diploma in Asian Law

Biotechnology in Asia-Pacific is advancing at an unprecedented pace with major economies like China and Japan implementing ambitious national biotech strategies.

This introductory subject offers an accessible yet comprehensive examination of biotechnology regulations across the region, requiring no scientific background. Students will explore legal frameworks governing healthcare and pharmaceutical safety, agricultural biotechnology, GMO and gene-edited food regulations, intellectual property, data governance, and economic security, with a focus on international cooperation in commercial development and national economic security considerations. Through comparative case studies, we will examine how Asian jurisdictions balance innovation, ethical considerations, and national security while responding to public health emergencies and biosecurity incidents.

Indicative list of principal topics:

• The foundations of biotechnology regulation
• The medical and pharmaceutical biotechnology framework
• Agricultural biotechnology governance
• Biosecurity and biodiversity protection
• Biosecurity and public health systems
• Data governance
• Intellectual Property regimes
• Economic security dimensions

View detailed information in the Handbook

This subject offers an in-depth examination of China’s competition law regime, with a particular focus on the Anti-Monopoly Law, its implementing regulations, and landmark enforcement decisions. Since its enactment in 2007—and subsequent amendment in 2022—China’s competition law has undergone rapid development, positioning the country alongside the United States and the European Union as a major global competition jurisdiction.

Students will explore key areas of substantive and procedural competition law, including monopoly agreements, abuse of market dominance, merger control, administrative monopoly, and anti-monopoly procedures. This subject will also consider the application and the enforcement of competition law in evolving domains, such as intellectual properties and the platform economy.

Case studies will include milestone decisions from China such as those involving Qualcomm, Tetra Pak and Alibaba; and from the EU including Microsoft and Google, as well as Google and Apple from the US. These will be used to illustrate the practical operation of the law and its economic and political implications. We will also take a comparative analysis throughout the subject, enabling students to contrast the Chinese approach with that of other major jurisdictions, particularly the European Union and the United States.

This subject is designed to equip students with the critical tools necessary to navigate the regulatory landscape of China’s competition law—an increasingly indispensable competency for legal professionals engaged in global commerce and regulatory practice. Most important, it also aims to deliver student a comparative perspective on the major developments across the world.

Indicative list of principal topics:

• General introduction to competition law
• Monopoly agreements
• Abusing dominant positions
• Merger control
• Administrative monopoly and fair competition review
• Competition law enforcement
• Competition law and intellectual properties
• Competition law and platform economy

View detailed information in the Handbook

The emergence of Asia as an economic powerhouse is driving enormous interest in doing business in the region. This subject provides students with an opportunity to examine commercial law in an Asian context. Although parallels can be drawn between Asian jurisdictions in terms of their economic and legal development, their commercial law systems are too diverse to be treated uniformly. Instead, the principal objective of this course is to provide a focused analysis of selected legal and practical issues from comparative and economic perspectives.

In order to facilitate comparative analysis both across and within the common law and civil law traditions, this subject will focus on commercial law in the four jurisdictions of China, Hong Kong, Singapore and Taiwan. Basic economic principles will be introduced and utilised to evaluate the efficacy of the respective legal rules. Covered topics will include contract, business associations, corporate finance, and taxation. The subject will be of interest to those interested in doing business in Asia.

Indicative list of principal topics:

• contract
• business associations (including corporate governance)
• corporate finance
• taxation

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Comparative Constitutional Studies is an important field of study and research in our times. It involves the study of different constitutions from across the world. This subject will cover the broad field but also focus specifically on the experience of Asian nations.

The title of this subject indicates that its focus is not just on the study of constitutional texts, but also on constitutional politics. At the start of the subject, we will seek to gain an understanding of the broader field of comparative constitutional law/studies, and its approaches and methods. With this background, we will seek to understand aspects of constitutionalism in Asia.

The field of comparative constitutional studies has had, since 2010, to grapple with the rise of authoritarianism around the world. In this course, we will focus on the phenomenon of ‘Caesarism’ which seeks to bring some clarity to concepts such as authoritarianism/populism/constitutional retrogression that are generally used to describe politics in the contemporary period. A specific issue of scrutiny will be how courts and constitutional adjudication in particular are affected by the rise of Caesarist forms of politics, and how they, in turn, have sought to respond.

Students taking this subject will be able to first obtain an understanding of broader issues and debates in the field of comparative constitutional studies before undertaking individual research projects on topics they will choose to work upon under the supervision of the instructor.

Indicative list of principal topics:

• Introduction to comparative constitutional studies and research methods
• The history, theory and practice of Constitutions
• Varieties of Constitutions/Constitutionalism
• Constitutions/Constitutionalism in Asia
• Constitutions in authoritarian regimes
• Constitutional Adjudication, including in authoritarian regimes

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This subject provides a detailed overview of construction law, practice, and dispute resolution in five representative Asian jurisdictions: the People’s Republic of China, Taiwan, Hong Kong SAR, Singapore, and South Korea. Through detailed explanation, analysis and case studies, students will gain an advanced understanding of the key features of these topics in each jurisdiction, both in isolation and in a comparative context.

Students will develop their capacity to operate and advise in and across these jurisdictions as well as deriving lessons for application in their home jurisdictions with reference to:

• Foundations of international business operations, infrastructure development, financing, and legal frameworks, with a focus on Asian markets and global dispute resolution trends.
• Hong Kong's legal and contractual landscape, dispute resolution mechanisms and the NEC (New Engineering Contract).
• Singapore's business, legal, and development landscape, public-private collaborations, and sustainable practices.
• Taiwan’s legal framework, risk management, procurement, and dispute resolution mechanisms.
• Korean construction law and practice, industry fundamentals, procurement and contracts, civil law, and public-private partnerships.
• Legal, regulatory, and operational aspects of doing business and carrying out construction projects and resolving disputes in China.
• Detailed case studies on financing, construction, and dispute resolution for the Beijing No. 4 Metro Line, Seoul's Anhwa school project in South Korea, New Engineering Contract (NEC) water and road projects in Hong Kong, Taiwan's High-Speed Rail project connecting Taipei and Kaohsiung, and the Singapore Sports Hub project.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

This subject explores the legal and policy implications of digital and AI-generated evidence in contemporary legal systems, with a particular focus on Asian jurisdictions. As technologies such as social media, digital surveillance, algorithmic decision-making, and generative AI become increasingly embedded in social and institutional life, courts and legal professionals must grapple with new evidentiary challenges. This course provides students with the tools to understand, critically assess, and apply principles relating to the collection, presentation, and admissibility of such evidence.

Our subject begins with foundational concepts, including the definition, preservation, and authentication of digital evidence, and moves toward more complex issues involving AI systems—such as explainability, reliability, and fairness. Students will examine how digital and AI-based evidence is used in both criminal and civil proceedings, and how legal systems are adapting through new rules, practices, and institutional arrangements.

Indicative list of principal topics:

• electronic discovery,
• metadata,
• deepfakes,
• algorithmic risk assessments,
• expert evidence in digital forensics, and
• comparative approaches to AI governance.

Our subject addresses broader ethical and policy concerns, such as privacy, bias, and accountability in automated decision-making. Emphasis is placed on doctrinal analysis and real-world case studies, with flexibility to adapt the depth and scope of topics based on student engagement and understanding.

This is a five-day intensive subject taught in English. While the course is comparative in scope, special attention is given to legal developments in Asian jurisdictions including mainland China, Singapore, Japan, Taiwan, and South Korea.

View detailed information in the Handbook

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Indicative list of principal topics:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

View detailed information in the Handbook

The International Monetary Fund (IMF) and the World Bank are arguably two poorly understood international organisations. Both are key components of the international monetary and financial architecture. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone crisis or in addressing the economic dislocations caused by global events and its analytical work on the prevention and resolution of financial and sovereign debt crises) and international development. This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions.

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This subject focuses on Intellectual Property (IP) protection in the Asia-Pacific region. Fuelled by its rising geopolitical importance, the region presents a complex and evolving landscape for IP rights. In this subject we will undertake a critical and comparative analysis of IP laws across key economies like China, India, Japan, and Southeast Asian countries.

Our analysis will encompass large, developed economies and smaller, developing ones. Furthermore, we will explore how recent trade agreements, such as the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), alongside various free trade agreements within the region and with major players like the US and EU, are shaping not only the regional but also the international landscape of IP protection.

Indicative list of principal topics:

• Comparative IP Law: This will be the core focus, examining similarities and differences in legal frameworks for IP protection across key Asian economies. It will include patents, trademarks, copyrights, trade secrets, and potentially other forms of IP.
• Impact of Trade Agreements: The subject will explore how recent agreements like RCEP, CPTPP, and various free trade agreements within and beyond the region (US, EU) affect IP protection in the Asia-Pacific.
• Emerging Issues: The subject will examine current challenges and opportunities in the region, such as IP enforcement, technology transfer, and the protection of traditional knowledge.
• Practical Applications: The subject will provide practical insights for practitioners seeking to advise parties who want to protect and commercialise their IP assets in the Asia-Pacific market.

View detailed information in the Handbook

The concept of development has been crucial to structuring international legal relations from the end of World War II to the present day. During that time, international law and institutions have taken on ‘development’ as a primary project. In both the public and economic domains, the vast majority of international institutions engage with the development project in some shape or form.

This subject invites students to think about the nature and importance of development and its relation to international law. The history of development in relation to imperialism, decolonisation, the Cold War and globalisation means that this set of relations is complex and dynamic. Understanding it is crucial to understanding the place of international law, and the work development does in the contemporary world.

Indicative list of principal topics:

• Law and development as a field
• The ‘development’ concept and its precursors
• The relationship between the concepts of ‘law’ and ‘development’
• The institutionalisation of development
• Development, imperialism, decolonisation and the nation state
• Permanent sovereignty over natural resources and the new international economic order
• Debt crises and development(s) at the Bretton Wood institutions
• Trade and development
• Globalisation, governance and the rule of law
• Sustainability, democracy and human rights
• Resistance, alternatives and post-development.

This subject provides a conceptual, historical and theoretical frame for students undertaking Master of Law and Development in which to situate and critically assess learning in other subjects. For students in other courses, this subject will help you understand the importance of the concept of development to our understandings of international law and appreciate development’s central role in the construction and maintenance of contemporary global orderings.

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The objective of this course is to provide an understanding of contemporary development issues and the relationships between development policies and international trade law in the context of a globalised world economy.

The course begins with a review of some of the most prominent theories of economic development, describes approaches and definitions of economic development, tools and strategies for making development goals achievable, and explores views about the nature of economic, social and human prosperity. Students will undertake a comprehensive examination of development policies from the protectionism of the 1960s to the Post ‘Washington consensus’ paradigm, the challenges of mainstreaming development in the WTO (‘WTO’), and the current crisis facing the Multilateral Trading System; the emergence of mega regional trading blocks, and the current debate on future International Trade Agreements will be a focus of the course. Contemporary trade and development policy issues such the evolution of global value chains (‘GVCs’) and their consequences for free trade agreements, beyond the border regulations, state-owned enterprises (‘STEs’), and inequalities in opportunities and income will be examined from a perspective of international trade law and development policy, using case studies as appropriate.

The course then present the rationales for free trade & protection, the distributional consequences of trade, the impact of trade on employment and growth and the challenges presented by deeper international economic integration. The next sections of the course consider the World Trade Organization (WTO) and explore negotiation mechanisms and principles, the rules relating to market access, fair trade, safeguards and the system for dispute settlement and retaliation. The final section considers major issues facing the multilateral trading system and the role of developing countries in building a new international economic architecture.

Indicative list of principal topics:

• Goals, scope and measurement of economic development;
• International Law and Development;
• Developing countries in the world economy;
• The Multilateral trading system and the developing counties;
• International Trade law and their Effects on economic development;
• The participation of developing countries in the Mega Regional Trade Agreements;
• The Emerging Mega Regional Trade Agreements and the Future of the WTO
• Selected case studies on trade and development from the WTO Dispute settlement Mechanism.

View detailed information in the Handbook

This subject explores the dynamic interaction between Islamic law (Shari‘a) and contemporary social contexts in both Muslim-majority and minority societies. Moving beyond doctrinal or purely theological analysis, the course situates Islamic law within the lived realities of diverse communities—examining how Shari‘a is interpreted, negotiated, implemented, or contested across various legal, cultural, and political environments.

A central focus is the operation of Islamic law within plural legal systems, including those based on common law, civil law, and customary traditions, as well as its engagement with international legal norms. Students will examine case studies that highlight the complexity of these interactions and the varying responses of states and societies.
Through this subject, students will gain both regional and global perspectives on Islamic law and develop a critical and nuanced appreciation of how law, religion, and society intersect—especially in legally plural and culturally diverse settings.

Indicative list of principal topics:

• family law,
• gender rights,
• constitutional frameworks,
• criminal law,
• Islamic finance,
• halal certification, and
• the role of Islamic law in both democratic and authoritarian states.

These themes equip students to critically engage with diverse interpretations, contemporary debates, and reform movements within Islamic legal traditions, as they unfold across a range of political and cultural contexts.

Important information about enrolling

This subject is available only for Melbourne Law Masters students. Juris Doctor students should instead enrol in the equivalent Juris Doctor subject LAWS90344.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

Chinese tariffs and tax law and policy play an important role in doing business with China. This subject offers a general introduction of the Chinese tariffs and tax regime, and also addresses the core elements of Chinese tariffs, value added tax, individual income tax, enterprise income tax, anti-tax avoidance measures and tax treaties which usually are the key factors influencing international trade and investment when involving China. Furthermore, the subject will bring you up to date through exploring the impact on China by the ongoing trade war and the international initiatives to tax digital economy, both of which are of high attention from business.

Indicative list of principal topics:

• A general introduction to the Chinese tariffs and tax regime: source of law, main players, tax mix, tax administration and dispute resolution.
• China’s tariffs law and policy: WTO, free trade zones, anti-dumping and anti-subsidy, and impact by the trade war.
• China’s Value Added Tax: the governing laws, taxpayers, calculation, and tax invoices.
• China’s Individual Income Tax: the governing laws, taxpayers, calculation, and filing.
• China's Enterprise Income Tax: the governing laws, taxpayers, source rules, tax rates, calculation and filing obligations, and tax incentives.
• China's tax treaties: bilateral tax treaties and multilateral conventions, taxing business profits, permanent establishment, taxing dividends, interest and royalties, credit method.
• China's anti-tax avoidance measures and tax cases: transfer pricing rule, thin capitalisation rule, CFC rule, GAAR and taxing offshore indirect shares transfers.
• Impact on China by the G20-OECD BEPS Project and the Two-Pillar Solution to address the tax challenges arising from the digitalisation of the economy.

View detailed information in the Handbook

In recent decades, China has become an active participant in, and even a leader of, the international economic law system. It joined the World Trade Organization and has negotiated numerous trade agreements and investment treaties. In both trade and investment, China has been a party to many disputes, and plays an important role in broader issues of global economic governance. In the domestic arena, it has become a leading practitioner of "trade remedies"; its agricultural and industrial sectors, and related policies, have become similar to those of Western countries; and its intellectual property and antitrust regimes have become more sophisticated.

This subject focuses on the nature and evolution of China's involvement in the international economic law system. It covers the following subjects: trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment into and by China, investment protection, treaty negotiations, disputes, and institutional issues.

Indicative list of principal topics:

• History of China's international economic relations
• China's WTO Accession
• Tariff and non-tariff barriers
• Intellectual property
• Trade in services
• Trade remedies: Anti-dumping, subsidies and countervailing duties, and safeguards
• Government procurement
• Foreign investment in China
• Trade and investment negotiations
• Trade and investment disputes
• China's role in WTO governance
• Participation in other international economic institutions
• China's domestic trade institutions

View detailed information in the Handbook