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:
- Explain and analyse the role of the World Trade Organisation and the principal international trade agreements it administers;
- Describe and analyse how the rules, principles and institutions of international trade impact on domestic legal, political and social arrangements;
- 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;
- 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;
- Plan and conduct a legal research project with intellectual independence.
Research-Led Teaching
This course develops distinctive skills in international legal research through the research essay component. The teaching in this course is informed by the research of its teaching staff.
Recommended Resources
There is no prescribed book for this course. All recommended reading will be available on the course WATTLE site, either in PDF form or as a link to an online resource (case, journal article, position paper etc). An ANU login may be required to access some of the reading from journal databases.
The following texts are useful reference resources:
- S Lester and B Mercurio, World Trade Law: Text, Materials and Commentary (2nd ed, 2012)
- M Matsushita, T J Schoenbaum and P C Mavroidis, The World Trade Organization: Law Practice and Policy (2016: Electronic resource, available through the library at http://library.anu.edu.au/record=b3806347)
- D Rothwell et al, International Law: Cases and Materials with an Australian Perspective (3rd ed, 2018)
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
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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.
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
Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
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 | Class sessions will be in person on campus. Classes are on:Monday 8th January 9am - 5pmTuesday 9th January 9am - 1pmMonday 15th January 9am - 5pmTuesday 16th January 9am - 1pmMonday 22nd January 9am - 5pmTuesday 23rd January 9am - 1pm There will be additional reading for students to complete outside of class sessions, as detailed in the reading guide. The full schedule, required reading/listening and additional reading guide will be available on the course Wattle site. Topics covered are:
*Attendance at the simulation activity will be highly beneficial to completing assessment task 1. |
Tutorial Registration
There are no tutorials in this course.
Assessment Summary
| Assessment task | Value | Due Date | Return of assessment | Learning Outcomes |
|---|---|---|---|---|
| Legal Analysis based on fact scenario from online group activity | 40 % | 30/01/2024 | 13/02/2024 | 2,3,4 |
| Research Essay | 60 % | 20/02/2024 | 12/03/2024 | 1,2,4,5 |
* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:
- Academic Integrity Policy and Procedure
- Student Assessment (Coursework) Policy and Procedure
- Extenuating Circumstances Application
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
- Code of practice for teaching and learning
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 Skills website. 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
For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.
In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular online attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
Assessment Task 1
Learning Outcomes: 2,3,4
Legal Analysis based on fact scenario from online group activity
Nature of Task: Problem-Style Assignment. Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task. The legal analysis is based on the same factual problem used for the online negotiation session held during the course.
Weighting: 40%
Word Limit: 1,600 words.
Due Date: 5pm, Tuesday 30 January 2024. Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: Tuesday 13th February 2024.
Assessment Criteria:
a) Content
b) Structure/organisation
c) Expression
An assessment rubric will be available in Wattle.
Assessment Task 2
Learning Outcomes: 1,2,4,5
Research Essay
Nature of Task: Research Essay. Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Weighting: 60%
Word Limit: 2,400 words.
Release: Student’s choice of topic with lecturer’s approval. Approval must be gained by 5pm, 25th January 2024. A list of suggested topics will be provided for those students who prefer additional guidance.
Due Date: 5pm, Tuesday 20th February 2024 . Late submissions (without an extension) are permitted, but late penalties will apply.
Estimated Return Date: Tuesday 12th March 2024.
Assessment Criteria:
a) Understanding of the Issues
b) Communication & Development of Argument
c) Argument/Analysis
d) Research
e) Presentation, style and referencing
An assessment rubric will be available in Wattle.
Academic Integrity
Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.
The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.
The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.
The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.
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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.
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
The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.
Returning Assignments
All marks and feedback will be provided 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.
Resubmission of Assignments
Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.
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 Access 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 all ANU students
Convener
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Research InterestsPublic International Law, International Trade Law, Women in International Law |
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AsPr Imogen Saunders
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