WTO Law and Dispute Settlement

Subject 732-733 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2009:

May, - 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 candidates background and experience.
Prerequisites:

Students who have completed Principles of WTO Law or WTO Dispute Settlement may not undertake this subject.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Assoc Prof Andrew Mitchell
Subject Overview:

Objectives:

The World Trade Organization (WTO) is at the centre of ongoing debates concerning both fragmentation of public international law and persistent inequities between developed and developing countries. It also provides one of the most active systems in the world for resolving international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law.

A student who has successfully completed this subject should:

  • Be familiar with the history of the WTO and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947)
  • Understand the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements and national laws, and the dispute settlement process
  • Understand the tensions that may arise between WTO objectives and other objectives in national or international law, and how these tensions may be resolved
  • Be able to interpret and apply certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case
  • Be familiar with some of the major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically
  • Be familiar with current issues and negotiations in the WTO.

Syllabus:

Principal topics will include:

  • History and objectives of the WTO
  • Core disciplines under the General Agreement on Tariffs and Trade 1994 (GATT 1994):
    • Tariff bindings
    • Non-discrimination (most-favoured nation [MFN] and national treatment)
    • Prohibition on quantitative restrictions
  • Exceptions to WTO commitments, e.g. environment, health, public morals, culture, regionalism, special and differential treatment for developing countries
  • Current challenges facing the WTO and the Doha Development Round of negotiations.
Assessment:
  • Examination 3 hours (100%) (24 July, pm)

    or
  • Research paper 10,000 words (100%) (3 September) (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: P12.507Semester 1NLawLawYNNNParkvillePARKVILLEWTO Law and Dispute Settlement732-733Assoc Prof Andrew Mitchell200924 - 26 contact hours per subject.For the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732733Melbourne Law Masters, postgraduate law, post-graduate law, graduate law

Objectives:

The World Trade Organization (WTO) is at the centre of ongoing debates concerning both fragmentation of public international law and persistent inequities between developed and developing countries. It also provides one of the most active systems in the world for resolving international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law.

A student who has successfully completed this subject should:

  • Be familiar with the history of the WTO and its predecessor, the General Agreement on Tariffs and Trade 1947 (GATT 1947)
  • Understand the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements and national laws, and the dispute settlement process
  • Understand the tensions that may arise between WTO objectives and other objectives in national or international law, and how these tensions may be resolved
  • Be able to interpret and apply certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case
  • Be familiar with some of the major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically
  • Be familiar with current issues and negotiations in the WTO.

Syllabus:

Principal topics will include:

  • History and objectives of the WTO
  • Core disciplines under the General Agreement on Tariffs and Trade 1994 (GATT 1994):
    • Tariff bindings
    • Non-discrimination (most-favoured nation [MFN] and national treatment)
    • Prohibition on quantitative restrictions
  • Exceptions to WTO commitments, e.g. environment, health, public morals, culture, regionalism, special and differential treatment for developing countries
  • Current challenges facing the WTO and the Doha Development Round of negotiations.
  • Examination 3 hours (100%) (24 July, pm)

    or
  • Research paper 10,000 words (100%) (3 September) (topic approved by the subject coordinator)
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 candidates background and experience.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.

Students who have completed Principles of WTO Law or WTO Dispute Settlement may not undertake this subject.

N.A.N.A.Law732-7332

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