WTO: Moot Court Competition

This subject is not offered in 2016.

144 hours.

The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School’s programs.

The inherent academic requirements for the study in the Melbourne Law School are:

1. The ability to attend classes and actively engage in the analysis of complex materials and debate;
2. The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
3. The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
4. The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
5. The ability to work independently and as a part of a group;
6. The ability to present orally and in writing legal analysis to a professional standard.

Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.

Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/.

This subject involves four students competing in the European law Students’ Associate Moot Court Competition on WTO Law. Competing teams represent both the complainant and respondent in a simulated case by preparing written submissions and presenting oral arguments before a mock WTO Panel. The regional round is typically held in Adelaide and the final oral round is held in Geneva, Switzerland. For more information on the competition see www.elsamootcourt.org

The WTO provide one of the most active systems in the world for resolving international disputes, with fast and effective appellate review, a strong enforcement mechanism, and jurisdiction over some of the largest and most significant matters arising today. This subject will provide a sophisticated understanding of the WTO dispute settlement system and the key substantive issues raised by the moot problem.

Upon successful completion of this subject students should:

• Understand the WTO dispute settlement system within the broader framework of the WTO;
• Have an advanced knowledge of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), including the role of public international law in WTO disputes and how to interpret WTO provisions;
• Understand the different types of proceedings that may take place within the WTO dispute settlement system and the roles of different bodies involved in those proceedings (in particular, the Dispute Settlement Body, Panels, the Appellate Body, and Arbitrators);
• Be able to assess critically WTO dispute settlement decisions and their implications in the broader context of international trade, comity and development.

• Two written submissions prepared cooperatively by students working together as members of a team (70%);
• Mooting presentations as a team in practice rounds, an Exhibition Moot in Melbourne, and competitive rounds in Adelaide and Geneva (30%).

WTO, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge University Press, 2007).

This subject is not available as a breadth subject.

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

• Oral and written communication skills;
• Thinking skills: critical thinking, problem-solving, analytical skills;
• Capacities in information seeking and evaluation;
• Planning and time management skills;
• The ability to make a positive contribution to a team project under pressure.