International Economic Law (LAWS5139)

UNIT OF STUDY

This course is an introduction to the law of the World Trade Organization and may also cover an introduction to Bilateral Trade Agreements and Bilateral Investment Treaties. The largest part of the course deals with the law of the World Trade Organization. The course opens by considering the functions of the WTO utilizing some very basic economics of trade, public choice and game theory. We review the history of the General Agreement on Tariffs and Trade ('GATT'), regulating trade in goods, and the creation of the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT. There follows a detailed study of the WTO dispute settlement system, under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement. We study the framework of rules under the General Agreement on Trade in Services ('GATS') and the relationship between regulation of trade in goods and regulation of trade in services; and the Agreement on Trade-Related Aspects of Intellectual Property ('TRIPS'), emphasizing patents, copyright and trademarks. The unit analyses in more detail some of the fundamental rules of the GATT: rules on tariff bindings and customs duties, national treatment, non-tariff barriers, the MFN rule on non-discrimination, an introduction to the rules on subsidies, and the GATT article XX exceptions for restrictions for health and environmental reasons. The rest of the course is selected from three areas: - Bilateral Investment Treaties; - Bilateral Trade Treaties; and - selected further topics of World Trade Organization law drawn from four areas: the GATT escape clauses providing for Safeguard measures, Anti-dumping Duties and Countervailing Duties; further consideration of the MFN rule by considering the exception for free trade areas and customs unions; further consideration of the GATS by considering at least one specific service sector, and further consideration of the TRIPS by considering the extent of some exceptions.

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Further unit of study information

Classes

1 x 6.5hr seminar/wk for 6 weeks beginning week 2.

Assessment

2,500wd essay (33.3%) and 2.5hr exam (66.6%)

Faculty/department permission required?

No

Unit of study rules

Prerequisites and assumed knowledge

LAWS2005 or LAWS1018 or LAWS1023 or LAWS5005

Prohibitions

LAWS3090, LAWS3439

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Cross-institutional study

If you are from another Australian tertiary institution you may be permitted to underake cross-institutional study in one or more units of study at the University of Sydney.

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