The course introduces students to the fundamental principles of international trade law. The primary goal of the course is to acquaint and familiarise students with the main pillars in this arena of international law and their effect on domestic law and policy.  The course covers the key agreements and principles of international trade law and the jurisdiction, policies and processes of the WTO. It also encompasses major critical analyses of international trade law together with an in-depth review of relevant GATT/WTO panel and appellate body decisions.

Themes that will be addressed throughout the course will include the origins of international trade law, fundamental principles of the GATT/WTO regime, Services (GATS), the WTO Dumping and Subsidies regimes and the Sanitary and Phytosanitary Agreement.  The effects of trade liberalisation in general on developing countries will also be the subject of review together with an analysis of the on-going conflict between the basic dictates of international trade agreements on the one hand and the need to enshrine and protect international environmental and labour standards on the other.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Explain and analyse the role of the World Trade Organisation and the principal international trade agreements it administers;
2. Describe and analyse how the rules, principles and institutions of international trade impact on domestic legal, political and social arrangements;
3. Describe and analyse how global trade liberalisation impacts upon developing countries, and on the domestic regulation of areas such as human rights and environmental protection;
4. Select and apply a range of approaches to written communication, and apply the critical thinking required to bring about solutions to complex legal problems in the area of international trade law;
5. Plan and conduct a legal research project with intellectual independence.

Research-Led Teaching

The teaching in this course is informed by the convener’s research and publications on international trade law.

Recommended Resources

There is no prescribed book for this course. All recommended reading will be available through a e-brick, which will be linked to on the Wattle site.

The following websites are useful sources of information on trade issues:

• WTO home page: http://www.wto.org/ (news and developments, WTO Secretariat publications, downloadable versions of WTO texts, latest WTO Panel and Appellate Body reports).
• OECD home page: http://www.oecd.org/ (OECD news and developments, including full text of the Multilateral Agreement on Investment)

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to the whole class, to groups, to individuals, focus groups

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to international trade law, institutions and the free trade debate.	Each week there will be pre-recorded lecture/s and a 2-hour online live seminar. Class exercises conducted in the seminar will be highly relevant to the assessment tasks in the course and you are expected to attend, and participate in, all seminars.
2	Key GATT/WTO principles and disciplines (Part I)
3	Key GATT/WTO principles and disciplines (Part II)
4	Unilateral trade remedies	Online Quiz (Assessment Task 1)
5	Introduction to exceptions - Free Trade Agreements and the Security Exception	Preparation for Negotiation Exercise
6	Trade and War; Class Negotiation Exercise	In the seminar this week we will be conducting a negotiation exercise. Participation is not compulsory, but will be very helpful for your completion of the legal analsyis task. The exercise will draw on the material covered in the lectures in weeks 1 - 6 of the course.
7	Trade and the Environment	Legal Analysis Task due (assessment task 2 - this builds on the in-class negotiation exercise completed in week 6).
8	Trade and Human Rights
9	Trade and Development	Research essay discussion during seminar in week 9.
10	The SPS Agreement
11	The future of International Trade Law?
12	Summary and Course overview

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Online Quiz	10 %	20/03/2023	21/03/2023	1, 2
Legal Analysis	40 %	17/04/2023	08/05/2023	1,2,3,4
Research Essay	50 %	05/06/2023	29/06/2023	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Integrity . In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

This is a course in reading, thinking and arguing. In order to take better advantage of the discussion which will occur in seminars, you should read the recommended readings, and listen to the pre-recorded lectures for the week prior to attending class.

Students are expected to prepare for and attend all seminars and to engage critically in the discussion that takes place there. It is, in part, by means of such engagement and the feedback you get from that that you will be able to evaluate and enhance the quality of your learning of the course content and skills.

To further enhance your learning in this course you may also find it useful to regularly access the course WATTLE site. The lecturer will regularly use the WATTLE site to communicate with students.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Online Quiz

Details of Task: This assessment task will help you gauge your understanding of the first fundamental concepts of the course. The quiz will cover understanding of material covered in weeks 1, 2 and 3 of the course. The aim of the quiz is to ensure students have a good understanding of the basic principles of the WTO/GATT, and to provide early feedback on student progress before 50% of the course has elapsed. The quiz will consist of 15 multiple choice questions.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 10%

Release: 9am, 10 March 2023

Due Date: 5pm, 20 March 2023. This quiz is not time-limited and students can commence the quiz at any time during the period over which it is available. However, once you have commenced your attempt, you cannot pause or resume back to the quiz. The quiz will finish automatically if you click out of it and any open attempts will close and be submitted automatically. You must complete the quiz in one single sitting. Due to the nature of the task, late submission or extension is not permitted. As this task is open for more than 24 hours, no time adjustments will apply for this task.

Estimated Return Date: 21 March 2023

Assessment Criteria: Demonstrated understanding of the relevant legal principles.

Assessment Task 2

Legal Analysis

Nature of Task: Problem-Style Assignment. The legal analysis is based on the same factual problem used for the online negotiation session held during the course.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 40%

Word Limit: 2000 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 17 April 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: 8 May 2023

Assessment Criteria:

a) Content

• answering the question asked
• identification of the legal issues raised from the questions
• legal principles states/explained with accuracy
• legal principles stated/explained in appropriate detail
• relevant facts recognised and linked to the legal principles
• recognition and evaluation of judicial and statutory ambiguities and ‘grey areas’
• originality/innovation in approach to issues
• clear conclusions

b) Structure/organisation

• emphasis on the significant issues
• answer is coherent and structure logical

c) Expression

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography where appropriate
• style according to Australian Guide to Legal Citation where appropriate
• adherence to word limit

Assessment Task 3

Research Essay

Details of Task: Student’s choice of topic with lecturer’s approval. Approval must be sought by 5pm 22 May 2023. A list of suggested topics will be provided for those students who prefer additional guidance.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Word Limit: 2500 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted.

Due Date: 5pm, 5 June 2023. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Official end-of-semester results release date. 

Assessment Criteria:

a) Understanding of the Issues

• addresses the question and covers all the important points
• evidence of close consideration of the question and the research materials drawn on
• issues raised by the topic are clearly and concisely identified
• material chosen relates clearly to the topic and is analysed not just summarised or quoted extensively

b)  Communication & Development of Argument

• clear theme or argument
• arguments logical and well-organised
• ideas/paragraphs linked coherently

c)  Argument/Analysis

• originality of ideas and critical analysis of the material
• complexity and insight in dealing with theory/ideas
• suggestions for change where appropriate
• interdisciplinary perspective where appropriate
• addressing opposing arguments
• well-reasoned conclusions

d)   Research

• research covering primary and secondary materials
• good organisation of sources and ability to synthesise all the research materials used
• use of theoretical material where appropriate
• range of research sources
• integration of material from research resources into the essay

e)  Presentation, style and referencing

• good use of structure, section headings and paragraphs
• clarity and conciseness of expression, interesting and engaging of reader
• use of appropriate terminology and correct grammar, syntax and spelling
• full and accurate footnotes together with a bibliography
• style according to Australian Guide to Legal Citation
• adherence to word limit

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.  

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students