International Economic Law

This subject has the following teaching availabilities in 2009:

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory or in each case their equivalents.

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability

This subject introduces students to the central texts of international economic law and the practice of key international economic organisations. It begins by critically examining the promises of welfare gains in the liberal case for free trade. This theoretical grounding then allows for close analysis of four key areas of international economic law. First, the subject engages the treaty agreements and dispute settlement processes of the World Trade Organization. This component covers the main areas of WTO regulation including trade in goods, services and intellectual property protection. Specific case-studies are used to contextualise contemporary debates surrounding the WTO such as its impact on domestic regulation of health, environmental and labour standards. Secondly, the subject traces the implications of the shift to bilateralism as measured in the spectacular growth of Free Trade Agreements across the globe. In particular, students will examine the rationale and implications for democratic outcomes in "WTO-plus" provisions in FTAs. The third component of the subject examines the regulation of investment in international economic law. This part of the subject especially draws out the paradigm of investor-state dispute settlement in bilateral investment treaties and regional initiatives such as the North American Free Trade Agreement. Various case-studies are used to assess the implications of this significant departure from traditional dispute settlement mechanisms at international law. Finally, the subject examines the lending policies and practices of international financial institutions, particularly the International Monetary Fund and the World Bank.

Note: The research essay in this subject is regarded as a substantial piece of legal writing.

The objectives of this subject are:

• to familiarise students with the international legal rules, principles and organisations designed to regulate international trade and finance;
• to assist students to understand the key theoretical approaches to studying international economic law;
• to study the impact of trade and investment agreements and the activities of international economic organisations on domestic legal, political and social arrangements;
• to develop the skills of close reading of international economic law materials, including relevant treaties, dispute settlement decisions and academic scholarship, and
• to develop the oral and written skills of describing and evaluating international trade and economic law in a coherent and rigorous manner.

5000 word reasearch paper (100%) due during the examination period OR a final examination of three hours (100%).

Printed materials will be issued by Melbourne Law School.

This subject is not available as a breadth subject.

On completion of this subject, students should have developed the following generic skills:

• attitudes towards knowledge that include valuing truth, openness to new ideas and ethics associated with knowledge creation and usage
• the capacity for close reading and analysis of a range of sources
• the capacity for critical and independent thought and reflection
• the capacity to solve problems, including through the collection and evaluation of information
• the capacity to communicate, both orally and in writing
• the capacity to plan and manage time
• the capacity to participate as a member of a team
• intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

• the formulation and presentation of argument
• jurisprudential research
• textual and contextual interpretation of treaties, dispute resolution decisions, the reports of international institutions and academic scholarship
• oral and written presentation