Trade and Tax Policy

This subject is not offered in 2016.

The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

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

Tariffs and other indirect taxes, whether applied at the border or internally, have long been subject to the binding multilateral rules embodied in the General Agreement on Tariffs and Trade (GATT). This subject, taught by a leading international consultant on tax and trade, provides an overview of how taxation is subject to World Trade Organization (WTO) rules, analysing the relevant WTO agreements and articles and cases ruled on by the Dispute Settlement Body.

In recent years, because tax measures can be used as substitutes for other types of protection and government assistance, taxation has come under increased scrutiny at the WTO and disputes concerning taxation are becoming more frequent. This is reflected in several of the agreements negotiated under the Uruguay Round, notably subsidies and trade-related investment agreements. Direct as well as indirect taxes are subject to WTO rules, in spite of efforts by tax authorities to secure exemptions for certain direct tax measures. As a result, WTO rules are an important factor in shaping country tax policies. The subject also examines some tax measures that may not contravene WTO rules, but still affect the international movement of goods, services, capital, technology and persons, and it highlights inconsistencies in WTO rules as they address taxation.

Principal topics will include:

• Overview of the WTO and its underlying principles
• Key tax policy concepts
• Border taxes: tariffs and other taxes on imports
• Border taxes: export and other similar taxes
• Internal indirect taxes: excise and similar (including environmental) taxes
• Internal indirect taxes: broad-based consumption taxes (e.g., VAT/GST)
• Internal direct taxes: corporate income tax
• Internal direct taxes: personal income tax and other taxes (on natural resources, property, etc)
• Anomalies in WTO tax rules
• Tax Policy issues at the WTO.

A student who has successfully completed this subject will:

• Develop an understanding of the multilateral rules embodied in the General Agreement on Tariffs and Trade (GATT) that bind Tariffs and other indirect taxes
• Acquire understanding of how taxation is subject to WTO rules
• Be able to analyse the relevant WTO agreements and articles and cases ruled on by the Dispute Settlement Body
• Understand subsidies and trade-related investment agreements
• Be aware of some tax measures that may not contravene WTO rules, but still affect the international movement of goods, services, capital, technology and persons.

• Class assignment and participation (15%)
• Class assessment (15%)
• 7,000 word research paper (70%) on a 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. Details regarding any prescribed texts will be provided prior to the commencement of the subject.

This subject is not available as a breadth subject.

This subject has a quota of 30 students. Please refer to the website www.law.unimelb.edu.au/masters/courses-and-subjects/subjects/subject-timing-and-format for further information about the management of subject quotas and waitlists.