Module LAW40730: International Trade Law & Policy

Department: Law

LAW40730: International Trade Law & Policy

Prerequisites

• None

Corequisites

• None

Excluded Combination of Modules

• None.

Aims

• The module aims to give students a systematic understanding of key aspects in the field of international trade law, broadly defined, and enable them to engage critically with the subject and its significance. The analysis of the history of the world trading system and the political and economic principles underpinning its development will form the context of study. The analysis of the institutional framework governing international economic relations with an emphasis on the World Trade Organisation (WTO), its functions and system of dispute settlement will provide the framework. Within this context and framework students are expected to obtain detailed knowledge of specific aspects of the subject, in particular, the principles and rules governing international economic relations under the WTO system; the rules governing the settlement of disputes and the jurisprudence of the dispute settlement body of the WTO; the avenues available to private traders to pursue their interests in the world trading system.
• This module also aims to contextualise international trade law in a rapidly changing international economic order. The analysis of Double Taxation Treaties (DTTs), Free Trade Agreements (FTAs) and the negotiation of mega-regional trade agreements will inform the seminars. Crucially, students will be exposed to the current challenges of the international trade system, including the role of China, Brexit and the rise of neomercantilism in the United States.

Content

• The content of the module will typically be:
• A) Context and Framework
• Economic policy and the evolution of the international economic order
• Institutional and legal aspects of the international economic order
• The GATT system: Evolution and principles
• The World Trade Organisation: Institutional aspects
• The World Trade Organisation: Dispute Settlement
• B) Substantive Issues
• Trade in Goods: Tariff Barriers to Trade and the Most Favoured Nation (MFN) Clause
• Trade in Goods: Non-tariff Barriers to Trade and the Prohibition of Quantitative Restrictions
• Trade in Goods: National Treatment
• Trade in Goods: the Exceptions
• Rules on Special Sectors: The Agreement on Agriculture and the SPS Agreement
• The Rules on Unfair Trade: Dumping and Subsidies
• The General Agreement on Trade in Services (GATS)
• The Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPs)
• The Systematic Derogations of the WTO System: Developing Countries and Regionalism
• C) Procedural Issues
• Procedural Issues in WTO Law: Judicial Enforcement of WTO Law
• D) World trade after the WTO
• Free Trade Agreements and Mega-regionals
• Brexit
• The role of China
• US trade policy: towards neomercantilism?
• E) Double Taxation Treaties
• Basic principles of Double Taxations Treaties
• Tax planning, tax avoidance and tax evasion

Learning Outcomes

• •Students will have the knowledge of important elements of the history of the world trading and tax system; they will have an advanced understanding of the political and economic principles underpinning the development of the world trading and tax system; they will be able to identify the role and functions of the World Trade Organisation, they will know the modus operandi of the WTO's dispute settlement system; they will know the substantive WTO rules governing international economic relations including the jurisprudence of the WTO dispute settlement body; they will be able to identify the practical avenues available to individuals to pursue their interests in the world trading system; they will comprehend the increasing importance of FTAs; they will understand the new challenges of the world trade system, namely China, Brexit and neomercantilism; they will be able to identify the main principles of international taxation.

• Students will develop subject-specific intellectual skills. They will be able to accurately and effectively describe the historical, economic and political underpinnings of the world trading and tax system; they will be able to identify the WTO and FTA rules applicable in a given case; they will be able to analyse the dispute settlement and provisions applicable in a given case; they will be able to advise on the practical ways available to private traders to defend their interests in the WTO; they will be able to apply their theoretical knowledge in practice.

• Students will be able to retrieve and utilise sources in the field of international tade and tax law; they will be able to identify resources on their own initiative; develop oral communication skills; they will be self-reliant, able to take responsibility of their own learning.

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

• Teaching will be delivered in the form of seminars. A significant amount of seminar based contact time reflects the advanced level of the course, and will provide a forum for students to utilise and develop knowledge gained through set preliminary reading for each topic. The module can include joint lectures or seminars with other international trade modules in the Americas, Asia or Africa (via Polycom).
• DUO will be used to enhance the course. In particular, a discussion board will be used to aid comprehension and foster a sense of community outside of the classroom.
• The summative assessment will be in the form of two essays on areas of international trade law which the students will independently research and analyse.
• Feedback on formative and summative assessment to be provided in accordance with Law School feedback policies

Teaching Methods and Learning Hours

Summative Assessment

Formative Assessment:

Students will have the opportunity to submit two formative essays. They may take the form of either an essay or a problem-based question. Students will receive written feedback well before the submission date for the summative essays, and may also discuss their feedback with the lecturer on an appointment basis.

■ Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University