This unit is a comprehensive introduction to the law of the World Trade Organization (‘WTO’) and to the context of economics and politics within which the law operates.  It provides either a stand-alone introduction to WTO law or a solid basis for further study.  The introductory topic considers the functions of the WTO through the consideration of some basic economics or trade, or public choice and game theory.  We review the history of the General Agreement on Tariffs and Trade (GATT) regulating trade in goods, and the creation of the Agreement Establishing the WTO ending with a review of the institutions of the WTO and of the framework of rules applying under the GATT.  There follows a detailed study of the WTO dispute settlement system under the WTO Understanding on Dispute Settlement, its concepts, procedures and enforcement.  We study the framework of rules under the General Agreement on Trade in Services (GATS) and the relationship between regulation of trade in goods and regulation of trade in services; and the rules of the Agreement on Trade-Related aspects of Intellectual Property (TRIPS), emphasizing patents, copyright and trademarks.  The unit analysis in more detail relevant WTO panel and Appellate Body reports relating to some of the fundamental rules of the GATT: rules on import duties and charges, non-tariff barriers, the most-favoured-nation rule and the national treatment rules.  We conclude with a synopsis of WTO developments since 1995.  This unit is assessed in two ways:

• an essay on the object and function of the WTO system and its dispute settlement system; and
• an exam requiring students to apply the basic rules of the GATT, GATS and TRIPS to fact situations.

At the conclusion of this course students should have developed:

• A reasonable level of proficiency in researching WTO law;
• A solid knowledge of the Agreement Establishing the WTO, and the 3 main treaties binding WTO Members:
  • the General agreement on Tariffs and Trade (GATT);
  • the General Agreement on Trade in Services (GATS); and
  • the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS).
• An ability to advise how certain parts of WTO law, including the fundamental rules of the GATT, GATS and TRIPS, apply to fact situations;
• An understanding of the nature of the WTO system for negotiations, of the WTO legal system and of the WTO dispute settlement system, its concepts, procedures and enforcement mechanisms; and
• An appreciation of how the law operates in a context of economics, politics and history.
• A level of knowledge and understanding of the WTO system sufficient to enable you to undertake more advanced or more specialized study.

Essay (2000 – 2500 words, 33.3%) on an issue related to the nature of the WTO legal system will require students to read and reflect upon the nature of the WTO legal system, its function and its dispute settlement system;

Take-home exam (2.5 hours, 66.6%) will test the ability of students to apply a limited scope of WTO law to fact situations.  It will contain questions on GATT, GATS and TRIPS.   

Students must rely on the Approved Assessment which will be posted to the Wattle course site prior to the commencement of the course.

26 Contact Hours (Intensive Delivery over 4 days)

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It is not required that students have a background in economics, although some knowledge of economics will be helpful.  The economic content of this course is pitched at those having no prior knowledge and it is not examinable.

LAWS8182 Principles of International Law

Any preliminary reading required for this course will be available from the Wattle course site prior to the commencement of the course.

A reading guide will be available on the Wattle course site.  There is no required textbook or casebook for this course. Students need to buy the reading brick and to obtain copies of certain WTO treaties from the WTO website.

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