- Code LAWS8073
- Unit Value 6 units
- Offered by Faculty of Law
- ANU College ANU College of Law
- Course subject Laws
- Areas of interest Law, Economic Policy
- Academic career PGRD
- Mode of delivery In Person
This is an advanced course for students who have completed LAWS8229 International Trade Law.
The term ‘trade remedies’ refers to the three traditional fields of law relating to the imposition of Antidumping Duties (to respond to injury caused by firms exporting below their selling price in their home market), Countervailing Duties (to respond to injury caused by imports that have benefitted from subsidies from foreign governments) and Safeguards Measures (to respond to injury caused by unexpected increases in the volume of imports).
This course studies the rules under the World Trade Organization in these three areas and also studies how the domestic law of some selected Member states (including Australia and the USA) apply ADD, CVD and safeguards under their domestic law. It will focus on the way that the WTO rules constrain the way that individual Member State apply ADD, CVD and Safeguards. The section on antidumping duties covers the calculation of the dumping margins, and some evidentiary and procedural aspects (eg., use of best available evidence, dealing with confidential information). The section on countervailing duties cover issues relating to the definition of subsidies and the calculation of per unit benefits. The section on safeguards analyses the requirements of increased imports and the admissibility of evidence on the public interest. Then we consider the issues relating to assessing injury and causation of injury which arise in the context of all three areas of trade remedies law. We conclude by reviewing the significant issues that have arising in negotiations in the WTO to reform WTO rules on trade remedies.
Upon successful completion, students will have the knowledge and skills to:
At the conclusion of this course students should have developed:
- A reasonable level of proficiency in researching WTO law relating to trade remedies;
- A solid knowledge of the relevant provisions of the General Agreement on Tariffs and Trade and the 3 relevant specialized WTO Agreements:
- the Agreement on the Interpretation of GATT Article VI (the Antidumping Agreement);
- the Subsidies and Countervailing Measures Agreement (SCM Agreement); and
- the Agreement on Safeguards.
- An ability to advise how the above mentioned parts of WTO law, apply to fact situations;
- As solid knowledge of the variables relevant to the way that the 3 areas of trade remedies law are implemented in domestic law of individual countries;
- An understanding of the way that the exceptions for trade remedies fit within the overall WTO system.
A level of knowledge and understanding of the WTO law and domestic law on trade remedies sufficient to enable you to undertake independent research.
Students must rely on the means of assessment which will be available on the Wattle course site approximately 4 weeks prior to the commencement of the course.
Indicative Assessment is:
- A Take Home Exam (30%)
- A Research Essay (5000 words 70%)
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Workload26 contact hours over 4 day intensive plus approximately 2 hours reviewing or preparing for each hour of lecture time plus private study time.
2014 Course Intensive dates: 30-31 October & 3-4 November
For the LLM Program timetable click here
Prescribed TextsThere is likely to be no prescribed text. Readings will be available in some other format.
Preliminary ReadingA Course Outline will be available on the Wattle course page approximately 4 weeks prior to the commencement of the course.
Assumed KnowledgeStudents must have completed LAWS8182 Principles of International Law and LAWS8229 International Law of World Trade prior to completing this course (unless waived by the course convenor).
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Students continuing in their current program of study will have their tuition fees indexed annually from the year in which you commenced your program. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.
- Domestic fee paying students
- International fee paying students