76036 International Trade Law and the Environment
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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70327 Commercial Law OR ((76006 Public International Law OR 70108 Public International Law) AND 70110 Introduction to Law))
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78023 International Trade Law and the Environment AND 78224 International Trade Law and the Environment
Description
The trade and environment debate conceals the problematic relationship between two legitimate interests of the international community. This subject introduces students to the significant interface between international trade liberalisation and the environmental imperative of ecologically sustainable development.
Initially the subject provides an overview of the frameworks of international trade law and environmental law and an insight into the philosophical underpinnings of both institutions. The subject considers the important role of developing countries in shaping the trade/environment debate.
The subject also considers the obligations imposed by the World Trade Organization (WTO) including the Agreements on Food Safety Standards, Technical Barriers to Trade and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). The scope and operation of environmental exceptions that have been the subject of recent trade environment disputes in the WTO provide valuable insights into the area. The position of multilateral environmental agreements and the WTO is considered along with the serious implications for developing countries.
Particular specialty areas of concern are covered including ecolabelling, invasive species and intellectual property issues.
Upon completion of this subject students should be able to understand and analyse the current relationship between trade and environment, reflect in an informed manner on the future of the protection of the environment in the multilateral trade and investment regime and be able to critically assess the prospects for future harmonisation of global free trade regimes and ESD principles.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand the basic framework international trade regulation; |
|---|---|
| 2. | explain and analyse the relationship between trade liberalisation and the principles of ecologically sustainable development; |
| 3. | demonstrate an understanding of the philosophy and key decisions of the WTO in the environmental area; |
| 4. | identify and critically analyse the significance of trade related aspects of Multilateral Environmental Agreements, the significant role of the developing countries in the development of trade environment policy and Intellectual Property, Ecolabelling and Alien Species concerns; |
| 5. | undertake research using a range of sources and write a paper demonstrating an understanding of the major issues and an ability to express, in an academic manner, your views on the current concerns.. |
Teaching and learning strategies
The study mode is modular and self-managed. The attendance mode is external (distance using UTSOnline). As a wholly online subject, there are no formal lectures. Students set their own learning and reading schedule although there will be certain time lines to be met.
This subject aims to encourage students to think critically and analytically and develop a deep understanding of the issues and concerns that are dealt with. The approach to teaching and learning in this subject differs from the conventional lecture seminar style. Students will need to show initiative and commitment to independent study and research to gain the most benefit from this subject.
Your lecturers and the materials provided will be your guide. While self-managed learning offers you choices about how and when you study, your learning will be most effective if there are convenient opportunities for you to interact with fellow students and course staff. For this reason we offer a broad set of interactive learning experiences that include:
- A series of readings for each of the topics
- A requirement that you participate in web discussion
- Advice and support from the lecturers
Content (topics)
Topic 1 - Trade and the Environment: The context and the debate
Topic 2 - The World Trade Organisation: The institution and approach to the environment
Topic 3 - Environmental Barriers including trade measures under Multilateral Environmental Agreements (MEAs)
Topic 4 - The Position of Developing Countries
Topic 5 - Contemporary Issues: Ecolabelling, Trips, Issues with respect to Invasive Alien Species (IAS), Where to From Here?
Assessment
Assessment task 1: Web based discussion
| Weight: | 20% |
|---|---|
| Length: | 4 x 250 words per postings |
Assessment task 2: Reflective Journal
| Weight: | 20% |
|---|---|
| Length: | 1,000-1,200 words. |
| Criteria: | Improved thinking and understanding involves the exploration of the following questions about the article in question: What is its purpose or purposes? Extensions of the due dates will only be granted on production of a medical certificate indicating illness or misadventure that prevented the student from conducting research and drafting their work for a substantial period of time. Do not leave the research and writing up till the very last moment – illness on the due date, or the couple of days preceding it, will not be seen as justifying an extension. |
Assessment task 3: Research Essay
| Weight: | 60% |
|---|---|
| Length: | 3,000 words plus or minus 10%. Bibliography and footnotes are excluded from the word limit. However, Discursive footnotes must be inlcuded in the word count. |
| Criteria: | Students are required to write 3,000 words. Students must include a full bibliography that is excluded from the word count; any discursive footnotes must be included in the word count. The essay topics will be available on UTSOnline. |
Required texts
Trade and the Green Economy, 2014, The UNEP Division of Technology, Industry and International Institute for Sustainable Development http://www.unep.org/greeneconomy/portals/88/documents/Trade-GE-Handbook-FINAL-FULL-WEB.pdf
The State of Trade and Environment Law 2003: Implications for Doha and Beyond 2003 Mann, H., Porter, S. International Institute for Sustainable Development
Trade, Environment and the Millennium, 2001 Sampson G.P., United Nations University Press
Although the last two texts are somewhat dated they still contain good summaries of the main issues.
All recommended texts are available on UTS Online and in the library catalogue under Ereadings. There are also numerous texts available in the UTS Library for use by on campus students however the course is designed to be electronically self sufficient.
