Units

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Sample subject outline - 6 Week Teaching Period - 5 2013

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

With the rapid acceleration in the pace of globalisation and a substantial broadening of the WTO's regulatory field since 1994, the World Trade Organisation (WTO) is the primary multilateral economic institution that is responsible for regulating a broad range of trans-border trade and economic activities. WTO law and policy impacts on enterprises that engage in trans-border economic activities by regulating foreign market access/trade barriers, unfair international trade practices, international trade in services, trade-related aspects of intellectual property and trade-related investment measures and international trade dispute resolution. The topics covered in this unit examine the fundamental principles of the WTO as well as the salient elements of the Uruguay round agreements and developments in the Doha Round of negotiations. Knowledge of WTO law and policy is critical for international trade practitioners as well as policymakers as the primary source of international trade rights, obligations and dispute settlement procedures.

Aims

The aim of this unit is for you to develop a thorough understanding of the architecture of the World Trade Organisation as well as the policy rationale underlying the substantive rules governing world trade. This aim is directed towards ensuring that you have a clear understanding of the scope of the WTO's regulatory activities and the influence WTO law and policy has upon economic policy formation and commercial regulation by Member States on a national level.

Objectives

After completing this unit, you should be able to:
1. identify major issues in the law concerning the relationship between the WTO and national economic law and regulations.
2. explain the legal obligations of WTO Members in relation to commercial activities regulated under WTO Agreements and sub-Agreements.
3. analyse the way national legal obligations imposed under the WTO impact upon the commercial activities of private enterprises.
4. evaluate the way that changing policy perspectives impact on regular revision and reform of WTO rules, through periodic trade rounds such as the on-going Doha Round.
5. critically analyse, synthesise and evaluate the substantive obligations contained in the WTO Agreements and sub-Agreements.engage in oral discourse on these issues and communicate complex ideas and concepts to an audience
6. demonstrate advanced research and critical analytical skills and effectively communicate conclusions in a written piece of work of a standard suitable for publication.

Content

The unit is centred on major issues that provide an understanding of the role of the WTO in the international economy from a theoretical, institutional, policy and legal perspective. Specific topics to be covered will include, but are not limited to, the following:

(a) The importance and influence of key economic and political theories on the establishment, evolution and functions of the WTO.
(b) The institutional framework and substantive obligations under WTO Agreements.
(c) The relationship between international obligations under the WTO and national law.
(d) The regulatory architecture of the WTO Agreements and sub-Agreements
(e) The substantive provisions of the major WTO Agreements and attempts to reform them in the on-going Doha round of negotiations
(f) Dispute resolution under the WTO dispute settlement mechanism.

You will acquire an understanding of current legal issues and positions, as well as develop critical insight into these positions and their problems.

Approaches to Teaching and Learning

The unit will be taught in block format over 26 hrs. Your learning will be facilitated by classes that involve interaction between students and the lecturer. Classes will begin with the lecturer introducing the topic and identifying key areas of inquiry and discussion. The lecturer will then facilitate discussion and exploration of the legal positions and of problematic features of those positions. There will be a strong emphasis on critical evaluation of the legal positions and their implications.

You will be prepared for classes by working through the Study Guide, which gives a synopsis of the topics to be covered during the course. The study guide will include a list of reading materials and references to relevant articles and books which you will be encouraged to read before classes. The classes will be conducted assuming some knowledge from the reading. An interactive session is expected.

Students will have the opportunity to consult with the lecturer on an informal basis about any aspect of the unit at specified times throughout the teaching period and prior to the submission date for the research paper.

Assessment

You will receive formative feedback in tutorials through the lecturer's responses, discussions and comments regarding your preparatory work for each session.

You will also receive formative feedback through the group discussions.

You will be required to submit a short written outline of your research paper topic (not in excess of one page) at a date to be set approximately 4 weeks before the date of research paper due date. Feedback will be given on the topic.

Assessment name: Discussion Forum
Description: This measures your contribution to the group's discussions. The mark for class participation includes consideration of your preparation for classes, your ability to actively listen to others, the quality of your contributions to the discussions and your ability to respond to questions.
Relates to objectives: Relates to learning outcomes: 1-6.
Weight: 10%
Internal or external: Internal
Group or individual: Individual
Due date: Throughout blk

Assessment name: Take Home Examination
Description: The exam will be given out in the last day of classes The examination may consist of a combination of essay questions, problem-based and short answer questions. The problem questions will require you to analyse a factual situation, extract the relevant legal issues, state and explain the relevant law and authority, argue the application of that law to the facts and to reach a conclusion.
Relates to objectives: Relates to learning outcomes: 1 to 5.
Weight: 30%
Internal or external: Internal
Group or individual: Individual
Due date: 1 wk after blk

Assessment name: Research Paper
Description: The research paper (5000 words) is a major written paper about an issue of your choice that arises out of the areas of law covered in the block classes. You must identify and analyse a major legal issue regarding the regulation of international trade or international economic policy. You must critically assess the issue considering the substantive and procedural requirements contained in a WTO Agreement or sub-Agreement. You will provide a considered analysis of the strengths and deficiencies of the current regulatory regime relative to theoretical, policy or geo-political factors. You should then convey the results of your investigation in clear writing, observing legal citation standards and the rules of good English. The citation method required for written assessment may be found in Written Assessment in the Law School: Legal Citation which is accessible through http://www.student.qut.edu.au/about/faculties-institutes-and-divisions/faculties/law/publications/_nocache-.
Relates to objectives: Relates to learning outcomes: 6, and one or more of objectives 1-5.
Weight: 60%
Internal or external: Internal
Group or individual: Individual
Due date: 8 wks after blk

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed texts

Michael Trebilcock, Robert Howse and Antonia Eliason, The Regulation of International Trade, (Rutledge, USA & Canada, 4th ed,. 2012)

Recommended references


World Trade Organization, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations ( Cambridge University Press, 1999)

Mitsuo Matsushita, Thomas Schoenbaum, Petros Mavroidis and Michael Hahn, The World Trade Organization: Law, Practice, and Policy, (Oxford International Law Library; 3rd ed, 2012)

Peter Van Den Bossche, The Law and Policy of the World Trade Organization: Texts, Cases and Materials, (Cambridge, 2nd edition, 2008)

Thomas Cottier, Panagiotis Delimatsis, The Prospects of International Trade Regulation: From Fragmentation to Coherence, (Cambridge, 2011)

World Trade Organization, WTO Analytical Index: Guide to WTO Law and Practice, (WTO, 2007)

John Jackson, William Davey and Alan Sykes Legal Problems of International Economic Relations, Cases, Materials and Text, (Thomson West Group, 5th edition., 2008)

John H. Jackson, The World Trading System: Law and Policy of International Economic Relations, (West Group, 2nd edition, 1997)

Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 05-Apr-2013