University of Technology Sydney

76013 World Trade Law

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2025 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70327 Introduction to Property and Commercial Law OR ((76006c Public International Law OR 70108c Public International Law OR 76110c Introduction to Public International Law) AND 70110 Introduction to Law))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 77716 International Trade Law

Description

The rules of the World Trade Organization (WTO) underpin the conduct of international trade in about 160 countries and have direct relevance for governments, businesses and individuals. The WTO rules cover not just customs and tariffs, but also agriculture, industry development, quarantine and health, and environmental protection. This is a specialist subject on the WTO.

The second half of the subject focuses on the Australian application of trade rules and domestic and international laws governing international transactions. On completion of this subject, students have a developed understanding of the basic legal principles underpinning the multilateral trading system; the key agreements; the dispute settlement mechanism of the WTO; and its institutional structure and the decision-making processes. Students also have an understanding of the application of the law to international transactions.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Demonstrate independent thinking, creativity, and critical analysis in dealing with issues in international trade, and; develop a coherent and extensive knowledge of substantive and procedural law relating to international trade issues.
2. Use high-level research skills and critically analyse issues in international trade law; this will include locating, citing, and distilling relevant primary and secondary sources.
3. Communicate ideas and argue clearly, with a particular focus on questions relevant to Australia’s engagement in international trade.
4. Identify and apply international collective obligations relating to equitable trade and the impact of trade on the environment.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including:
    a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
    b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
    c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
    d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)
  • Collaboration
    Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
    a. An ability to give and receive feedback;
    b. Appropriate professional and interpersonal skills in working collaboratively;
    c. A capacity to develop strategies to successfully negotiate group challenges; and
    d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1 Preparation to enable active learning: Preparation is essential to providing a foundational knowledge framework so that complex issues and controversies can be addressed during seminars. Students are required to read all set materials, make notes and respond to preparatory questions before class to enable active contributions to class.

Strategy 2 Face-to-face teaching will be based on a mix of lecture and seminar discussions. Lecture style will be used where it is appropriate to provide background and material in an area which is complex, rapidly changing, and not always well-served by academic literature.

Strategy 3: Communication of complex ideas via oral presentation and peer engagement: Communicating complex ideas via an oral presentation allows students to synthesise key issues in world trade law. Students can clarify points and test their understanding of the subject via creative oral presentations which facilitate peer engagement.

Strategy 4: Collaboration and small-group work. Students collaborate in an in-class moot. They critically engage in the material through debating coherent arguments on a WTO-related topic

Subject Delivery

All teaching is conducted through seminars combining lecture material, film, class discussion, debate and presentations. Classes will be discussion based. Both substantive law and problems will be discussed in detail. Classes will not be taped. Lecture materials and presentations will be available on UTS Online.

Content (topics)

  • Introduction: The basis of world trade – an examination of comparative advantage and asking the question: “why trade at all?” The ‘Buy Australia’ Campaign, the relationship between employment and trade in Australia, the de-regulisation of the Dairy Industry, trade theories and comparative advantage.
  • An Introduction to the World Trade Organisation – GATT and the WTO, trade barriers, developing countries, WTO commitments, Harmonized Commodities, Australian Customs Tariffs and Rules of Origin.
  • The WTO – Non-Discrimination and the Exceptions: Most Favoured Nation, National Treatment Principle, Trade Remedies, Dumping and Subsidies.
  • The WTO and the 6 Understandings: Tariffs, State Trading Enterprises, Balance of Payments, Regional Trade Agreements, Waivers, Modifications of Schedules, GATS and TRIPS.
  • The WTO and Regional Trade Agreements – Free Trade Areas and Customs Unions: Sensitive areas, Economic Theory, Historical analysis of Most Favoured Nation, Trade Diversion and Trade Creation, GATT rules and the enabling clause.
  • The WTO and the Environment: the Environmentalist argument, the free trade argument, Article XX GATT exceptions, Technical Barriers to Trade, Agreement on Sanitary and Phytosanitary Measures, environmental case law at the WTO.
  • The Bananas case – ACP and Dollar Bananas and European preferences, an application of principles learnt so far.
  • The international element in international sales contracts – Choice of forum: forum non conveniens in the UK and Australia, an analysis of the case law.
  • The international element in international sales contracts – Choice of law: an analysis of the case law.
  • International Sale of Goods under the Vienna Convention.
  • International Carriage of Goods and INCOTERMS.
  • Financing International Trade: The methods of financing an international transaction; letters of credit and the UCP Rules; the duties of banks in relation to documents; the doctrine of strict compliance, fraud.

Assessment

Assessment task 1: Research Essay

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.3.1, LAW.4.1, LAW.5.1 and LAW.6.1

Weight: 40%
Length:

2500 words excluding footnotes, 10% leeway
Criteria:

Assessment Criteria:

  • Comprehension of the task (identifying relevant issues and demonstrating understanding of the task) (SLO 1, 4; GA 4)
  • Identification, interpretation and application of the relevant legislation, case law and policy (SLO 1, 2; GA 3, 4)
  • Critical analysis and development of arguments (identify, comprehend and evaluate relevant legal and factual issues as applied to the problem, ability to determine and assess strong and weak arguments and arrive at a reasoned conclusion.) (SLO 2, 3; GA 3, 4 and 5)
  • Presentation / written expression (including correct spelling and grammar and correct referencing) (SLO 3; GA 5)


A guide to assessment of research essays is as follows:
Pass (50-64%):

  • Attempts to answer the question.
  • Offers descriptive summary of material relevant to the question.
  • Attempts to answer the question, but does not follow through with a reasoned argument.
  • Displays no real engagement with the issues.
  • Superficial use of material, tendency to paraphrase.
  • Shows no evidence of in-depth research.
  • Some important errors.
  • Adequate expression.


Credit (65-74%):

  • Mostly answers the question.
  • Contains no significant errors and covers main issues fairly well.
  • Attempts a critical approach to the issues.
  • Demonstrates independent research appropriate to addressing the main issues.
  • Only minor errors if any.
  • Has a clear structure and reasonably clear expression.


Distinction (75-84%): Completely answers the question.

  • Has a clear structure and is well-articulated.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research supporting a well-documented argument.
  • Generally well expressed and free from errors.


High Distinction (85% +):

  • Completely answers the question in an original or unanticipated way.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research.
  • Exceptionally well written.
  • Is otherwise exceptional in some way

Assessment task 2: Class Presentation

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 40%
Criteria:
  • Communicates key concepts clearly, articulating live issues in world trade law (SLO 1, 2, 3 and 4; GA 4, 5,).
  • Critical analysis of issues (SLO 2; GA 3).
  • Collaborate effectively as a team to present an engaging presentation which provokes active discussion from peers (SLO 1, 2, 3; GA 5)

Assessment task 3: Class attendance and participation

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

LAW.1.1, LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 20%
Criteria:

This task requires students to participate in tutorials extending beyond mere attendance.

You will be asked to join in a group and lead the seminar style discussion.

Before each session you will be asked to consider one or more world trade law legal problems, cases or transactions. The answers will be discussed in class.

  • Communicates key concepts clearly, articulating live issues in world trade law (SLO 1, 2, 3, 4; GA 4, 5,).
  • Critical analysis of issues (SLO 2; GA 3).
  • Collaborate effectively as a team to present an engaging presentation which provokes active discussion from peers (SLO 1, 2, 3; GA 5)

Your seminar and class participation grade will be based on a combination of the following criteria:

  • regular attendance (please note however you are not allocated marks merely for attending)
  • active participation in discussion of the assigned problems or transactions in class

There is already some flexibility built into these seminars and class participation grading criteria, so if you miss one session during for unavoidable reasons, but you actively participate in discussions you may still receive a high grade.

The 20% value placed on this assessment item emphasizes the importance of full class participation in this subject. You must prepare in advance for the lectures and seminar and be able to exhibit analytical skills in dealing with the materials. Class participation means more than just attending. It means being prepared for class and contributing to class discussion in a meaningful way. You should also be mindful of not dominating the discussion, so as to allow other students the opportunity of participating.

Attendance: is a requirement of the course and a roll will be taken at each class.

Required texts

Van den Bossche, Peter; Zdouc, Werner: The Law and Policy of the World Trade Organization, Texts, Cases and Materials, Fifth Edition, Cambridge University Press (2021)

Recommended texts

Van den Bossche, Peter; Prévost, Denise, Essentials of WTO Law (Cambridge University Press, 2nd ed, 2020)

Michael Trebilcock, Robert Howse, Antonia Eliason, The Regulation of International Trade (Routledge, 4th edition, e-book, 2019)

Other resources

Essential Websites

Other Websites

And other websites and material which may be referred to during the semester, posted on UTS online or mentioned in class.