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Unit outline_

LAWS6249: World Trade Organization Law II

Intensive September, 2020 [Block mode] - Camperdown/Darlington, Sydney

This unit follows on from LAWS6063 World Trade Organization Law I (or LAWS3439 or equivalent undergraduate unit) and builds on the understanding gained there of the law of the World Trade Organization and examining some further topics on the law of the WTO with some references to bilateral or regional trade treaties. The dominant part of the unit is an extension of the consideration of the General Agreement on Tariffs and Trade (GATT) by considering the exceptions for restrictions for health, environmental, technical regulations and quarantine reasons and considering the escape clauses providing for Safeguards, Anti-dumping Duties and Countervailing Duties (including the way these escape clauses are implemented in domestic law, mostly using examples from US law). We may extend the consideration of the MFN rule by considering the exception for free trade areas and customs unions (incorporating some limited consideration of particular Free Trade Agreements). Similarly, we may extend the introduction to the General Agreement on Trade in Services (GATS) by considering some specific service sectors, and extend the introduction to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) by considering the scope of exceptions under the TRIPS.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS6063 or LAWS3439
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Brett Williams, brett.williams@sydney.edu.au
Type Description Weight Due Length
Assignment Essay
Essay
60% Formal exam period
Due date: 23 Nov 2020 at 16:00

Closing date: 30 Nov 2020
5000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6
Assignment Problem Questions Assignment
Problem question
40% Week 12
Due date: 26 Oct 2020 at 13:00

Closing date: 02 Nov 2020
4000 words
Outcomes assessed: LO2 LO3

Assessment summary

Problem Questions Assignment (4000 words) 40%

When: over a 10 day period.

Will principally test the ability of students to apply a limited scope of WTO law to fact situations: one question on trade remedies which may contain issues of safeguards, countervailing measures and anti-dumping duties; and another question applying the GATT rules on material selected from the topics on environmental, quarantine and technical restrictions. 

Essay (5000 words) 60%

An essay on one of the topics covered in classes will test the students ability to research one of the areas of WTO law beyond the scope of classes in some way whether to examine caselaw, implementation in domestic law, or current and future developments, and to require students to read and reflect upon the issues relating to their area of research.

Capstone Essay

LLM students who are undertaking this unit towards the end of their degree, and need a capstone experience to complete their degree, must apply to the unit coordinator to undertake the assessment option of a Capstone Essay.

The Capstone Essay will replace the Essay and one question of the Assignment and be worth 80%. The other requirements for the Essay concerning submission of a topic, description, table of contents and bibliography apply to the Capstone Essay. Your essay should comply with Academic Integrity requirements, and be submitted in compliance with Assignment Submission requirements, noted elsewhere in this Unit of Study Outline.

The Capstone Essay should be no more than 8,000 words should be at least 7000 words and is due Monday 23 November 2020.

Students wishing to take the option of a Capstone Essay should submit their topic by 24 September 2020 and reach agreement on an essay topic with the unit of study coordinator by 2 October 2020. Prospective students are required to complete the form available at https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-coursework-llm-capstone, and when they apply online, to upload the relevant Unit Coordinator’s approval email.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of the Essay, which has not been granted an extension, will attract a penalty of 1 mark per day or part day (including Saturdays, Sundays and public holidays) from the mark out of 100 for that piece of assessment. The late submission of the Problem Question Assignment, which has not been granted an extension, will attract a penalty of 2 marks per day or part day (including Saturdays, Sundays and public holidays) from the mark out of 100 for that piece of assessment.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
- Introduction, Method & Assessment Lecture and tutorial (4 hr) LO1
Part I: The MFN Rule Continued Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Part II: The GATS Continued Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Part III: The TRIPS Continued Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Part IV: Exceptions for protection of health and the environment Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6
Part V: GATT Escape Clauses / Trade Remedies Law Lecture and tutorial (4 hr) LO1 LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: Refer to Canvas

Word Count Penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 0.5 out of 100 for the piece of assessment for every 50 words 100 words, or part thereof, over the limit. The total word count for essays and other written assessments will: exclude: bibliography; footnote numbers; footnote citations; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.)

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

There is no required textbook or casebook.

Refer to Canvas for the reading guide and the “Detailed Unit of Study Information” document for detailed information regarding the readings. 

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Demonstrate a reasonable level of proficiency in researching WTO law
  • LO2. Acquire an improved knowledge and understanding of the Agreement Establishing the 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 an ability to advise as a legal practitioner on how certain parts of WTO law apply to fact situations, including the fundamental rules of the GATT, the trade remedy rules, and some of the environmental, SPS and TBT exceptions
  • LO4. Demonstrate an improved understanding of the nature of the WTO system for negotiations, of the WTO legal system and of the WTO dispute settlement system, its concepts, procedures and enforcement mechanisms
  • LO5. Gain a broader appreciation of how the law operates in a context of economics, politics and history including a capacity to apply established theories to the analysis of the law
  • LO6. Gain a level of knowledge and understanding of the WTO system sufficient to enable you to undertake more advanced or more specialized study or to assist you in teaching yourself in areas of trade law not specifically covered in the course, or to undertake an Independent Research Project, International Law Independent Research Project or other research in the field of WTO law

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since the unit was last offered

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.