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Unit of study_
LAWS6063: World Trade Organization Law I
2020 unit information
This unit is a comprehensive introduction to the law of the World Trade Organization (WTO) and to the context of economics and politics within which the law operates. It also offers some comparisons with regulation under bilateral and regional trade agreements. It can be taken as either a stand-alone introduction to WTO law or to acquire a solid basis for further study of WTO law. (Students may wish to continue on to take LAWS6249 World Trade Organization Law II which builds upon the knowledge gained in this unit and considers some additional topics of WTO law.) The introductory topic considers the functions of the WTO through the consideration of some basic economics of trade and of public choice. We review the history of the General Agreement on Tariffs and Trade (GATT) and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT (and comparing with some bilateral and regional trade agreements). 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 compare it with the negative list approach used under some bilateral and regional trade agreements; and the rules of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks, and noting some TRIPS plus aspects of some bilateral and regional trade agreements. 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 and an introduction to the rules on subsidies. We conclude with a synopsis of WTO developments to the present day. This unit is assessed in two ways: an essay on the object and function of the WTO system and its dispute settlement system; and an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.
Unit details and rules
Managing faculty or University school:
Sydney Law School
| Study level | Postgraduate |
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| Academic unit | Law |
| Credit points | 6 |
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Prerequisites:
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None |
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Corequisites:
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None |
| Prohibitions:
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LAWS3439 or LAWS5139 |
| Assumed knowledge:
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limited knowledge of law of treaties |
At the completion of this unit, you should be able to:
- LO1. demonstrate a reasonable level of proficiency in researching WTO law
- LO2. demonstrate knowledge of the agreement establishing the World Trade Organisation (WTO) and the 3 main treaties binding WTO members: the General Agreement on Tariffs and Trade (GATT); the General Agreement on Trade in Services (GATS); and the agreement on Trade-Related Aspects of Intellectual Property (TRIPS)
- LO3. demonstrate the ability to advise as a legal practitioner on how certain parts of WTO law, including the fundamental rules of the GATT, GATS and TRIPS, apply to fact situations
- LO4. demonstrate an understanding of the nature of the WTO system for negotiations, the WTO legal system and of the WTO dispute settlement system, its concepts, procedures and enforcement mechanisms
- LO5. demonstrate an appreciation of how the law operates in a context of economics, politics and history including the capacity to apply established theories to the analysis of the law
- LO6. demonstrate an understanding of the WTO system to enable you to undertake more advanced or more specialized study or to assist you in teaching yourself about areas of trade law not specifically covered in the course.
Unit availability
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Modes of attendance (MoA)
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Important enrolment information
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