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Course profile

Law of the World Trade Organization (LAWS7853)

Study period
Sem 1 2025
Location
St Lucia
Attendance mode
In Person

Course overview

Study period
Semester 1, 2025 (24/02/2025 - 21/06/2025)
Study level
Postgraduate Coursework
Location
St Lucia
Attendance mode
In Person
Units
2
Administrative campus
St Lucia
Coordinating unit
Law School

An examination of the regulation of international trade by member states of the World Trade Organization, including trade in goods and services, investment, intellectual property and dispute settlement.

This course will introduce the international legal rules, principles and institutions of the World Trade Organization. Students who undertake this course will gain an understanding of the WTO legal regime through the major WTO Agreements as well as of substantive WTO law, drawing on reports of the WTO Appellate Body and panels. The course will cover the basic principles relating to trade in goods and trade in services, as well as some of the more specialised WTO Agreements. These will be examined through a consideration of the WTO Agreements and the legal disputes that have arisen under those agreements, including those relating to the environment, public health, and national security. Students will frequently encounter differing legal, policy, and economic perspectives in the field of WTO law. Students will be asked to think critically about the effect of the WTO’s legal regime and to develop their own views and thinking in light of these diverging perspectives and the descriptive nature of the course. Although not a prerequisite, students are advised that some knowledge of international law, international relations and/or economics would be a distinct advantage.

Course requirements

Restrictions

LLM, MICLaw, MIL and MIR/MIL
Quota: Minimum of 12 enrolments

Course contact

Course staff

Lecturer

Timetable

The timetable for this course is available on the UQ Public Timetable.

Additional timetable information

LAWS7853 is taught intensively for four days from 9am-5pm on 12, 13 April & 24, 25 May.

Aims and outcomes

Teaching Mission Statement

The mission of the School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.

Course Aims

This course aims to provide a balanced perspective on the legal operation and effect of the WTO Agreements and to provide students with a solid understanding of the key agreements. The course also aims to encourage students to think critically about the ethical, political and economic implications of increased trade liberalization, and how trade liberalization relates to domestic public policy issues in areas such as environmental protection, public health, human rights and the development of poor countries. These kinds of issues in WTO law are often the focus of differing perspectives, and this is not a subject about the "right" answers but is rather about principles, concepts, and ideas that are continually being adapted to new global economic contexts. A main feature of this subject is to equip students with the knowledge to meaningfully engage with these differing perspectives and for students to develop their own thinking in light of the descriptive nature of the subject.

Learning outcomes

After successfully completing this course you should be able to:

LO1.

Thoroughly understand, explain, and critically discuss the structure and key principles of the major WTO Agreements.

LO2.

Independently and efficiently conduct research into the law of the World Trade Organization,including finding primary documents through the WTO Documents Online database.

LO3.

Thoroughly understand and critically discuss and debate the issues that affect different groups within the WTO, including developing countries and the student's own country.

LO4.

Critically analyse relevant jurisprudence and demonstrate a critical appreciation of contemporary theoretical debates relating to the WTO Agreements.

Assessment

Assessment summary

Category Assessment task Weight Due date
Essay/ Critique Analytical exercise and Short Essay
  • Online
50%

7/05/2025 2:00 pm

Examination End-of-semester Exam
  • Online
50%

End of Semester Exam Period

7/06/2025 - 21/06/2025

Assessment details

Analytical exercise and Short Essay

  • Online
Mode
Written
Category
Essay/ Critique
Weight
50%
Due date

7/05/2025 2:00 pm

Learning outcomes
L01, L02, L03, L04

Task description

For this task, students will receive one or more written scenarios which describe a particular government legislative measure and its alleged effects on the trade interests of another Member or Members. Students are required to answer one or more questions set forth at the end of each scenario. In general terms, these questions will require the student to analyse the consistency or otherwise of the measure with the Member’s obligations under the WTO Agreements (approx. 2500 words)


Answers should be typed in double spacing on A4 paper. In cases where the Course Coordinator considers that a student may derive an unfair advantage over other students by exceeding the word limit the Course Coordinator will not assess material in excess of the prescribed limit.


The purpose of the exercise is to test the ability of students to analyse complex factual situations, identify and explain how various WTO obligations may be implicated and provide an assessment of the relative merits of the possible arguments that could be made in support of the position of one or more of the parties in the problem.


This assessment task evaluates student’s abilities, skills and knowledge without the aid of Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct.

Submission guidelines

Assignments must be submitted electronically via the submission link on the course Blackboard site.

Deferral or extension

You may be able to apply for an extension.

The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.

Extension to Assessment Due Date

Where an extension for an assessment item due within the teaching period in which the course is offered is available, any extension is limited to one week (7 days). In exceptional circumstances, extensions may be granted for more than one week, but in no case will an extension exceed four weeks (28 days) in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should apply for removal of course.

A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.

Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.

Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.

Late submission

A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.

Penalties for Late Submission

The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).

First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.

More than 7 periods of 24 hours - 100%.

End-of-semester Exam

  • Online
Mode
Written
Category
Examination
Weight
50%
Due date

End of Semester Exam Period

7/06/2025 - 21/06/2025

Other conditions
Time limited.

See the conditions definitions

Task description

The second task will involve an exam, delivered online, comprising multiple choice-style questions that test knowledge of issues relating to WTO law and jurisprudence that have been addressed in the course, with a particular focus on the content covered in Days 3 and 4. Further details on this task will be made available to students during the course.

This assessment task is to be completed online. The use of generative Artificial Intelligence (AI) or Machine Translation (MT) tools will not be permitted. Any attempted use of Generative AI or MT may constitute student misconduct under the Student Code of Conduct Policy.

Exam details

Planning time 10 minutes
Duration 60 minutes
Calculator options

No calculators permitted

Open/closed book Closed Book examination - no written materials permitted
Exam platform Inspera
Invigilation

Not invigilated

Submission guidelines

Deferral or extension

You may be able to defer this exam.

Course grading

Full criteria for each grade is available in the Assessment Procedure.

Grade Cut off Percent Description
1 (Low Fail) 0 - 19

Absence of evidence of achievement of course learning outcomes.

2 (Fail) 20 - 47

Minimal evidence of achievement of course learning outcomes.

3 (Marginal Fail) 48 - 49

Demonstrated evidence of developing achievement of course learning outcomes

4 (Pass) 50 - 64

Demonstrated evidence of functional achievement of course learning outcomes.

5 (Credit) 65 - 74

Demonstrated evidence of proficient achievement of course learning outcomes.

6 (Distinction) 75 - 84

Demonstrated evidence of advanced achievement of course learning outcomes.

7 (High Distinction) 85 - 100

Demonstrated evidence of exceptional achievement of course learning outcomes.

Supplementary assessment

Supplementary assessment is available for this course.

Learning resources

You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.

Library resources

Find the required and recommended resources for this course on the UQ Library website.

Learning activities

The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.

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Learning period Activity type Topic
Week 7
Lecture

Day 1

Introduction to the course.
Introduction to international trade law, the history and institutions of the multilateral trading system and current issues at the WTO. Overview of the structure of the WTO and the WTO Agreements.

Dispute Settlement
Examination of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and the processes by which trade disputes are managed and resolved in the WTO.

Border Measures
Tariffs and quantitative restrictions: Introduction to tariffs, tariff negotiations and tariff bindings. Examination of the background to the general ban on quantitative restrictions.

Learning outcomes: L01, L02, L03, L04

Lecture

Day 2

Non-Discrimination ヨ MFN
Introduction to the MFN obligation and relevant case law pertaining to Article I of the GATT.

Non-Discrimination ヨ National Treatment
Examination of the concept of discrimination in the WTO context, de jure versus de facto discrimination, purpose versus effects, introduction to the national treatment obligation and the relevant case law pertaining to Article III of the GATT.

GATT Exceptions
General exceptions under Art. XX: Examination of the circumstances in which Members are permitted to act inconsistently with GATT obligations in order to pursue other policy objectives; e.g. protection of health or the environment.
Introduction to key legal research tools in WTO law

Learning outcomes: L01, L03, L04

Week 12
Lecture

Day 3

Other Exceptions
The National Security provision in Art. XXI: Examination of key cases on national security matters and the role of geopolitical tensions in the WTO.

Preferential Trade Agreements
The scope of Article XXIV which permits preferential trade agreements in deviation (mainly) from the MFN principle. Bilateral, regional and preferential trade agreements have proliferated in the WTO era. Are these consistent with the principles and objectives of the GATT and the WTO? Article XXIV provides the underpinning disciplines for these agreements.

Trade Remedies (subsidies, countervailing duties, anti-dumping duties and safeguards): Discussion of disciplines that regulate the ability of Members to take unilateral action to counteract subsidization of industry (pursuant to the SCM Agreement), injury to domestic industry caused by dumping of imports (pursuant to the Anti-Dumping Agreement), or unexpected surges in imports (pursuant to the Agreement on Safeguards)

TBT Agreement.
Examination of the Agreement on Technical Barriers to Trade (TBT Agreement), relevant cases.

SPS Agreement. Examination of the key provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), their elaboration through the relevant case law, and how these agreements fit within the overall objectives of the WTO system.

Trade in Services.
Discussion of the concept of a service, the scope of the General Agreement on Trade in Services (GATS), general obligations in the GATS and key rules regarding commitments made in GATS schedules.

TRIPS Agreement. General overview of the TRIPS Agreement.

Learning outcomes: L01, L03, L04

Lecture

Day 4

Continuation from Day 3 (SPS, TBT, TRIPS, and Services)

Other topics in WTO law with contemporary significance: e.g. climate change; digital trade and data-flows; supply-chain resilience.

Learning outcomes: L01, L03, L04

Policies and procedures

University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:

Learn more about UQ policies on my.UQ and the Policy and Procedure Library.

School guidelines

Your school has additional guidelines you'll need to follow for this course: