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76013 World Trade Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70327 Commercial Law OR ((76006c Public International Law OR 70108c Public International Law) AND 70110 Introduction to Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77716 International Trade Law

Description

The rules of the World Trade Organization (WTO) underpin the conduct of international trade in about 150 countries and have direct relevance for governments, businesses and individuals. The WTO rules cover not just customs and tariffs, but also agriculture, industry development, quarantine and health, and environmental protection. This is a specialist subject on the WTO.

The second half of the subject focuses on the Australian application of trade rules and domestic and international laws governing international transactions. On completion of this subject, students have a developed understanding of the basic legal principles underpinning the multilateral trading system; the key agreements; the dispute settlement mechanism of the WTO; and its institutional structure and the decision-making processes. Students also have an understanding of the application of the law to international transactions.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. demonstrate a high level of independent thinking, creativity and critical analysis in dealing with issues in international trade, and to develop a coherent and extensive knowledge of substantive and procedural law relating to international trade issues;
2. demonstrate a capacity for independent thought and critical analysis coupled with a high level of research capability in international trade law with a corresponding ability to distil and utilise relevant information in the field of international trade law using both paper and electronic demonstrating an ability to locate, use and cite relevant reference material from both primary and secondary sources;
3. demonstrate advanced written communication skills and a clear ability to lead and present arguments and issues in international trade law with a particular focus on questions of relevance to Australia???s engagement in international trade;
4. demonstrate a high level of understanding and a clear ability to articulate international collective responsibilities and obligations relating to equitable trade, and the impact of trade on the environment.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)

Teaching and learning strategies

Strategy 1 Active encouragement of students to prepare for classes through prescribed readings and independent learning and to be prepared to participate in a general interactive discussions in class

Strategy 2 A general interactive framework, which is filled through lecture, discussion, critical analysis, problem solving, and reflective evaluation.

Strategy 3 Class participation based on topics selected by students to reflect their intellectual interests in areas relevant to the subject

Subject Delivery
Classes will be discussion based. Both substantive law and problems will be discussed in detail. Students will be required to complete essential reading before each class in order to be able to participate fully in discussion. Classes will not be taped. Lecture
materials and presentations will be available on UTS Online.

Lecture Format
Lectures will be conducted weekly for 3 hours. Lectures will be led by the lecturer but students will be required to actively participate.

Content (topics)

  • Introduction: The basis of world trade – an examination of comparative advantage and asking the question: “why trade at all?” The ‘Buy Australia’ Campaign, the relationship between employment and trade in Australia, the de-regulisation of the Dairy Industry, trade theories and comparative advantage.
  • An Introduction to the World Trade Organisation – GATT and the WTO, trade barriers, developing countries, WTO commitments, Harmonized Commodities, Australian Customs Tariffs and Rules of Origin.
  • The WTO – Non-Discrimination and the Exceptions: Most Favoured Nation, National Treatment Principle, Trade Remedies, Dumping and Subsidies.
  • The WTO and the 6 Understandings: Tariffs, State Trading Enterprises, Balance of Payments, Regional Trade Agreements, Waivers, Modifications of Schedules, GATS and TRIPS.
  • The WTO and Regional Trade Agreements – Free Trade Areas and Customs Unions: Sensitive areas, Economic Theory, Historical analysis of Most Favoured Nation, Trade Diversion and Trade Creation, GATT rules and the enabling clause.
  • The WTO and the Environment: the Environmentalist argument, the free trade argument, article XX exceptions, Technical Barriers to Trade, Agreement on Sanitary and Phytosanitary Measures, environmental case law at the WTO.
  • The Bananas case – ACP and Dollar Bananas and European preferences, an application of principles learnt so far.
  • The international element in international sales contracts – Choice of forum: forum non conveniens in the UK and Australia, an analysis of the case law.
  • The international element in international sales contracts – Choice of law: an analysis of the case law.
  • International Sale of Goods under the Vienna Convention.
  • International Carriage of Goods and INCOTERMS.
  • Financing International Trade: The methods of financing an international transaction; letters of credit and the UCP Rules; the duties of banks in relation to documents; the doctrine of strict compliance, fraud.

Assessment

Assessment task 1: Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0 and 5.0

Weight: 40%
Length:

up to BUT NO MORE THAN 1000 words
Criteria:
  • Clearly identified issues.
  • Coherent analysis of arguments.
  • Proper referencing; depth of research; originality and insight
  • And see information under “Assessment” above

Assessment task 2: Essay or Question type answer (TBA)

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 3

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0, 4.0 and 5.0

Weight: 40%
Criteria:
  • Clearly identified issues.
  • Coherent analysis of arguments.
  • Proper referencing; depth of research; originality and insight.
  • And see information under “Assessment” above.

Assessment task 3: Class attendance and participation

Objective(s):

This task addresses the following subject learning objectives:

1, 2 and 4

This task contributes specifically to the development of the following graduate attributes:

1.0, 3.0 and 5.0

Weight: 20%
Criteria:

This task requires students to participate in tutorials extending beyond mere attendance.

You will be asked to join in a group and lead the seminar style discussion
Before each session you will be asked to consider one or more world trade law legal problems, cases or transactions. The answers will be discussed in class.

Three or four students will be selected in advance of each class to lead a seminar-style discussion (depending on the number of students in the class).

THESE STUDENTS WILL ALSO NEED TO HAND IN A TWO PAGE SUMMARY OF THEIR PRESENTATION ON THE DAY THAT THE PRESENTATION IS MADE.

This summary should clearly indicate the work of each student. Your seminar and class participation grade will be based on a combination of the following criteria:

  • regular attendance (please note however you are not allocated marks merely for attending)
  • attendance of at LEAST 10 classes
  • active participation in discussion of the assigned problems or transactions in class
  • The two page summary of the presentation.

There is already some flexibility built into these seminars and class participation grading criteria, so if you miss one session during for unavoidable reasons, but you actively participate in discussions you may still receive a high grade. If, for reasons of serious illness or other justifiable reasons you have to miss several sessions, you should apply for Special Consideration or speak to the Faculty's Academic Liaison Officer.

The 20% value placed on this assessment item emphasizes the importance of full class participation in this subject. You must prepare in advance for the lectures and seminar and be able to exhibit analytical skills in dealing with the materials. Class participation means more than just attending. It means being prepared for class and contributing to class discussion in a meaningful way. You should also be mindful of not dominating the discussion, so as to allow other students the opportunity of participating.
Attendance: is a requirement of the course and you must attend at LEAST 10 lectures. A roll will be taken at each class.

Required texts

Required readings will be available on UTS Online or in the UTS Library

Other resources

Essential Websites

Other Websites

And other websites as referred to in the Program