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ESSENTIAL

INTERNATIONAL

TRADE LAW

C

P

Cavendish

Publishing

(Australia)

Pty Limited

Sydney • London

Titles in the series:

Essential Administrative Law

Essential Australian Law

Essential Company Law

Essential Constitutional Law

Essential Contract Law

Essential Criminal Law

Essential Equity and Trusts

Essential Evidence

Essential Family Law

Essential International Trade Law

Essential Management Law

Essential Professional Conduct: Legal Accounting

Essential Professional Conduct: Legal Ethics

Essential Tort Law

ESSENTIAL

INTERNATIONAL

TRADE LAW

Michelle Sanson, B Bus, LLB (Hons),

Lawyer, Trade & Transport,

Blake Dawson Waldron, Sydney

General Editor

Professor David Barker

Dean of the Faculty of Law,

University of Technology, Sydney

C

P

Cavendish

Publishing

(Australia)

Pty Limited

Sydney • London

First published 2002 by Cavendish Publishing (Australia) Pty Limited, 3/303 Barrenjoey Road, Newport, New South Wales 2106

Telephone:

(02) 9999 2777

Facsimile:

(02) 9999 3688

Email: info@cavendishpublishing.com.au

 

Cavendish Publishing Limited, The Glass House, Wharton Street,

London WC1X 9PX, United Kingdom

 

Telephone:

+44 (0)20 7278 8000

Facsimile:

+44 (0)20 7278 8080

Email: info@cavendishpublishing.com

Website: www.cavendishpublishing.com

© Sanson, M 2002

All rights reserved. Except as permitted under the Copyright Act 1968 (Cth), no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, photocopying, recording or otherwise, without the prior permission of the publisher and copyright owner.

Any person who infringes the above in relation to this publication may be liable to criminal prosecution and civil claims for damages.

National Library of Australia Cataloguing in Publication Data

Sanson, Michelle

International trade law

1 Foreign trade regulation – 2 Foreign trade regulation – Australia

I Title (Series: Australian essential series)

341.754

ISBN 1 876905 10 7

Printed and bound in Great Britain

Foreword

For some time now Australian governments at all levels have made the promotion of export their trade priority. From the Department of Foreign Affairs & Trade in Canberra to the smallest regional council, all now recognise that promoting export is essential to job and wealth creation and to increasing Australia’s international competitiveness.

And the message from the business community in response to these government initiatives is clear too; training is essential. While business is quick to accept the attractions and potential rewards of international trade, most need to ‘re-tool’ before they are prepared to make their first forays into international markets.

International trade requires new procedures and embraces new risks. Without familiarity of the basic ingredients of an international trade transaction, many businesses lack the confidence to take the first step.

Essential International Trade Law will be required reading both for businesses starting out in international trade, and for legal practitioners looking for some grounding in what is one of the most satisfying and intellectually rewarding areas of legal practice.

Geoff Farnsworth

President

Australian Institute of Export Ltd

v

Preface

This book is part of the Cavendish Essential Series. The books in the series constitute a unique publishing venture for Australia in that they are intended as a helpful revision aid for the hard-pressed student. They are not intended to be a substitute for the more detailed textbooks which are already listed in the current Cavendish catalogue.

Each book follows a prescribed format consisting of a checklist covering each of the areas in the chapter, and an expanded treatment of ‘Essential’ issues looking at examination topics in depth.

The authors are all Australian law academics who bring to their subjects a wealth of experience in academic and legal practice.

Professor David Barker

General Editor

Dean of the Faculty of Law,

University of Technology, Sydney

vii

Acknowledgments

Thanks and appreciation to Professor David Barker, who put me forward for the task of writing this book, and who continues to be an enormous inspiration to all law students, past and present, at the University of Technology, Sydney; Dr Iur Katrin Cutbush-Sabine, who lectured me in this subject and who has been involved in the genesis of this book; Blake Dawson Waldron for their support; and to all those who love and support me generally in my life.

ix