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.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate an advanced knowledge and conceptual understanding of the specialised area of trade law known as trade remedies law required for professional practice;
- Demonstrate an advanced level of proficiency in researching WTO law relating to trade remedies;
- Demonstrate an understanding of the way that the exceptions for trade remedies fit within the overall WTO system;
- Demonstrate an advanced and integrated knowledge of the provisions of WTO law related to: a) Antidumping Duties; b) Countervailing Duties ; and c) Safeguards measures;
- Demonstrate an ability to advise how the abovementioned parts of WTO law apply to fact situations;
- Demonstrate an advanced and integrated understanding of the variables relevant to the way that the 3 areas of trade remedies law are implemented in domestic law of individual countries;
- Demonstrate an advanced level of knowledge and understanding of the WTO law and domestic law on trade remedies by planning and executing independent legal research.
Indicative Assessment
- Take Home Exam (30) [LO 1,2,3,4,5,6,7]
- Research Essay (5,000 words). (70) [LO 1,2,3,4,5,6,7]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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Workload
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.
Click here for the LLM Masters Program timetable.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately 2 weeks prior to the commencement of the course.
Assumed Knowledge
Participants must have completed Principles of International Law (LAWS8182) or equivalent.Fees
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. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- 3
- 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.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2020 | $4320 |
- International fee paying students
| Year | Fee |
|---|---|
| 2020 | $5760 |
Offerings, Dates and Class Summary Links
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.
