63563 - International Trade Law

Learning outcomes

There has never been a more exciting time to study international trade law. The major global developments in trade and investment and the legal regimes that regulate both of these areas of activity means that this subject is of considerable theoretical but also practical significance to public international law. This dynamic course considers the law and practice of the international and regional trading system by evaluating (1) the substantive treaties and rights that have been established by States as part of this system; and (2) the accompanying dispute settlement mechanisms (both inter-State and investor-State international arbitration) that operate in the area.

In terms of the substantive rights of international economic law these are contained in such agreements as the World Trade Organisation (WTO) and regional trade agreements (such as, e.g., the North American Free Trade Area (NAFTA), ASEAN, and the recently concluded US-led Trans-Pacific Partnership (TPP).)

The WTO dispute settlement system is one of the most effective and important processes of dispute resolution that exists in international law. The course provides a detailed consideration of the WTO dispute settlement system and compares and contrasts it with other dispute settlement mechanisms in international economic law, most notably Investor-State arbitration under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID).

International trade law as a system is based on a number of fundamental – primarily economic – “systemic values”, and the course provides students with the opportunity to develop a thorough understanding of how these systemic values interact with other global and domestic policy goals such as environmental and labour standards protection, retaining for the State a considerable measure of national regulatory autonomy in areas such as health and financial regulation, and the protection of intellectual property rights.

The course will prepare students for further post-graduate research in the area of international economic law or indeed for a career with many of the entities that practice international economic Law (e.g. law firms, governments, international organisations or non-governmental organisations).

ASSESSMENT TASKS

1. Final Coursework (2,000 words, released in last class and due within one week) – 50% of total marks

LEARNING METHODOLOGY
International Trade Law applies a ‘Flipped Class’ approach to the student learning experience. As such, this course features pre-class work and interactive workshops. Pre-class work is independent and includes textbook readings as well as reflective questionnaires. In the workshops, the emphasis is on inquiry-based learning, which involves active student participation in legal problem-solving activities within small groups. These activities build on the pre-class work, so its completion before each workshop is essential. Overall, this course requires you to build personal capabilities in professional behaviour, self-direction, team-work, persuasive discussion and presentation skills.

Course contents

Outline of the Course:

Seminar 1: An Introduction to the International Trading System: Law and

Policy

Seminar 2: Preferential Trade Agreements and the International Trading

System

Sem 3: Legal & Institutional Aspects of the WTO Part 1

Sem 4: Legal & Institutional Aspects of the WTO Part 2

Sem 5: Most Favoured Nation & National Treatment

Sem 6: Tariffs, Quotas, & General Exceptions

Sem 7: TBT/SPS Agreements

Sem 8: TBT/SPS Agreements

Sem 9: Subsidies

Sem 10: Subsidies/WTO Dispute Settlement

Sem 11: WTO Dispute Settlement

Sem 12: Investment Treaty Arbitration

Sem 13: Trade in Services

Readings/Bibliography

Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade Organization (4^th ed., Cambridge University Press, 2017).

Matsushita, Schoenbaum, & Mavroidis, The World Trade Organization: Law, Practice, and Policy (3^rd ed., Oxford, 2016) Lester, Mercurio & Davies, World Trade Law: Text, Materials and Commentary (3^rd ed., Bloomsbury 2018)

You should access the WTO case-law either by using the WTO web-page (www.wto.org) or by using the web-site (www.worldtradelaw.net ).

A great deal of material on the WTO is available on the WTO's website.

The GATT/WTO Texts and WTO cases indicated as part of the readings are all available from the WTO website. The WTO cases are also available at: http://www.worldtradelaw.net/

Teaching methods

International Trade Law applies a ‘Flipped Class’ approach to the student learning experience. As such, this course features pre-class work and interactive workshops. Pre-class work is independent and includes textbook readings as well as reflective questionnaires. In the workshops, the emphasis is on inquiry-based learning, which involves active student participation in legal problem-solving activities within small groups. These activities build on the pre-class work, so its completion before each workshop is essential. Overall, this course requires you to build personal capabilities in professional behaviour, self-direction, team-work, persuasive discussion and presentation skills.

Assessment methods

100% Coursework

Office hours

See the website of Peter Plamenoff Petkoff