LAWS6924 - World Trade Organization – Dispute Resolution

Aim

The aim of this unit is to provide students with an understanding that countries are indeed free to impose laws, regulations and administrative arrangements to achieve social and economic goals. However, any such measure should not be in breach of a country’s WTO obligations. On the completion of the course, students should be aware of what these obligations are, the remedies available to affected countries and where the case law is located. The range of topics covered is detailed below.

Topics covered include:

Overview of WTO Agreement;
Legal importance of Annexes to WTO Agreement and the content of each with particular focus on:

imposition of discriminatory taxes and other measures impacting on imports;
anti-dumping/countervailing duties;
cross-border protection of intellectual property rights;
imposition of discriminatory technical barriers to trade;
customs valuation/tariff classification;
imposition of discriminatory health barriers to trade;
Free Trade Agreements – legality; scope; and remedies for breach;
Trade in services;
Safeguards;

Explanation of remedies available to countries through the WTO Dispute Settlement process;
Reference to relevant cases concerning the above topics.

Session

Semester 2 Intensive
16, 17 & 30, 31 August 2013

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Assessment

1 x Take-Home Exam or Essay (100%)

Assumed Knowledge

Limited knowledge of law of treaties.

Please note: this unit replaced LAWS6924 Dispute Settlement in the World Trade Organization

Textbook

General References: M.Matsushita, Schoenbaum and Mavroides, The WTO: Law, Practice and Policy, OUP (2nd ed 2005); J. Jackson, The World Trading System,(2nd ed. 2002); G. Triggs, International Law: Contemporary Principles and Practices 2006, Chapter 12 `World Trade Organisation'; Waincymer, WTO Litigation: Procedural Aspects of Formal Dispute Settlement, (2002) Cameron and May; Peter van den Bossche, The Law and Policy of the WTO: Texts, Cases and Materials, CUP (2nd ed 2006); Tambelin and Bastin: `Australia and the WTO Decision Enforcement', 81 ALJ 802; and Jackson, Davey and Sykes, Legal Problems of International Economic Relations, (4th ed).

Legal Professional Development (LPD)

You can credit this unit towards Legal Professional Development (LPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Enrolment.