Trade, Human Rights and Development

Subject 730-744 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.500
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2008:

Semester 1, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidate's background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

A/Prof Balakrishnan Rajagopal
Subject Overview:

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the historical links between human rights, trade and development and their contested meanings
  • Have a good knowledge of the doctrinal debates about rights to development and about the legal barriers in the institutionalisation of rights in the development process, as well as the place of law in the development process
  • Understand the practices of international economic institutions, such as the World Bank, the IMF and the World Trade Organization, and the positions they have taken with respect to development and rights-based development
  • Be aware of the dilemmas of introducing human rights in international trade negotiations and dispute-resolution mechanisms as well as the complexities of the labour standards debate
  • Be familiar with the experience of rights-based development in the domestic legal systems of selected countries, including through constitutionalisation
  • Develop a critical perspective on the broad set of issues that lie at the intersection of human rights, trade and development, and be able to engage in related legal and policy matters.

Syllabus:

Topics covered will include:

  • Introduction to the contested meanings of human rights, trade and development
  • The historical evolution of the debate concerning the linkage between human rights and development, including the debate on the right to development
  • Rights-based approaches to development, with a case study of the World Commission on Dams
  • The links between trade and development, and trade and human rights, with a case study of the controversy over the regulation of public health
  • An examination of the new turn towards human rights and law by the World Bank and the IMF
  • The debate over global versus local labour standards and the dilemmas over monitoring
  • The ethics, policy and law of the outsourcing debate and their links to human rights and development.
Assessment:
  • Examination 3 hours (100%) (15 August, pm)
    or
  • Research paper 10,000 words (100%) (2 October) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-744Trade, Human Rights and DevelopmentMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2008

Objectives:

A candidate who has successfully completed the subject should:

  • Understand the historical links between human rights, trade and development and their contested meanings
  • Have a good knowledge of the doctrinal debates about rights to development and about the legal barriers in the institutionalisation of rights in the development process, as well as the place of law in the development process
  • Understand the practices of international economic institutions, such as the World Bank, the IMF and the World Trade Organization, and the positions they have taken with respect to development and rights-based development
  • Be aware of the dilemmas of introducing human rights in international trade negotiations and dispute-resolution mechanisms as well as the complexities of the labour standards debate
  • Be familiar with the experience of rights-based development in the domestic legal systems of selected countries, including through constitutionalisation
  • Develop a critical perspective on the broad set of issues that lie at the intersection of human rights, trade and development, and be able to engage in related legal and policy matters.

Syllabus:

Topics covered will include:

  • Introduction to the contested meanings of human rights, trade and development
  • The historical evolution of the debate concerning the linkage between human rights and development, including the debate on the right to development
  • Rights-based approaches to development, with a case study of the World Commission on Dams
  • The links between trade and development, and trade and human rights, with a case study of the controversy over the regulation of public health
  • An examination of the new turn towards human rights and law by the World Bank and the IMF
  • The debate over global versus local labour standards and the dilemmas over monitoring
  • The ethics, policy and law of the outsourcing debate and their links to human rights and development.
  • Examination 3 hours (100%) (15 August, pm)
    or
  • Research paper 10,000 words (100%) (2 October) (topic approved by the subject coordinator)
N.A.N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidate's background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.A/Prof Balakrishnan RajagopalLawFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730744P12.500Semester 1NLawLaw730-744

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