Students
LAW 889 – International Trade and Finance
2014 – S2 External
General Information
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| Unit convenor and teaching staff |
Unit convenor and teaching staff
Unit Convenor
Rafiqul Islam
Contact via rafiqul.islam@mq.edu.au
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| Credit points |
Credit points
4
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| Prerequisites |
Prerequisites
Admission to MIntEnvLaw or MIntTrdeComLaw or or PGDipIntTrdeComLaw or PGCertIntTrdeComLaw or MIntRelMIntTrdeComLaw or LLM in International Environmental Law or 42cp in LAW units at 400 or 500 level or (admission to JD and 32cp in LAW units at 800 level)
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| Corequisites |
Corequisites
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| Co-badged status |
Co-badged status
Lectures for LAW 460 is co-badged with LAW 889
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| Unit description |
Unit description
The unit deals with the international legal regime governing the multilateral exchange (imports and exports) of goods, services, capital, and technology within the legal framework of the World Trade Organisation (WTO); regional and bilateral free trade; the nexus between trade and the monetary system, and between trade and non-trade issues (the environment and human rights); the North-South dimensions of trade; the position of middle-sized developed countries (eg, Australia) and developing countries under the WTO; institutional, legislative, and transactional aspects of trade (sale and carriage of goods and international payment); dispute resolution; and future challenges for global trade liberalisation under the WTO.
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Important Academic Dates
Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates
Learning Outcomes
On successful completion of this unit, you will be able to:
- Describe how rules of international trade law evolve and operate.
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Assessment Tasks
| Name | Weighting | Due |
|---|---|---|
| Class Participation | 10% | 2 days OCS (mandatory) |
| Legal Opinion | 40% | 17 September 5 pm |
| Research assignment | 50% | 12 November 5 pm |
Class Participation
Due: 2 days OCS (mandatory)
Weighting: 10%
Students must read, understand in advance (at least prior to their tutorials) various issues scheduled for discussions (see Unit Guide for week-by-week topics), and be prepared to actively participate in class discussions to enhance oral communication skill.
On successful completion you will be able to:
- Describe how rules of international trade law evolve and operate.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Legal Opinion
Due: 17 September 5 pm
Weighting: 40%
Legal opinion is a take-home assignment on the applied aspects of international trade and finance. It is intended to provide students with an opportunity to acquire independent skill in applying relevant rules and principles of international trade law to a new, real, or hypothetical factual situation of modern international trade relations. The opinion would be thought-provoking, warranting an innovative and interdisciplinary approach. The assignment MUST be submitted through Turnitin (Law School policy). The problem will be posted on iLearn on 1 September.
Word Limit: Maximum 2000 words
On successful completion you will be able to:
- Describe how rules of international trade law evolve and operate.
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Research assignment
Due: 12 November 5 pm
Weighting: 50%
The research paper is meant to give students an opportunity to write on a topic of their own choice (within the limits given), to go deeper into it and to present it in a logically coherent manner. It is intended to develop independent legal research skill and analytical ability. This method of assignment enables the students to be free and innovative thinkers, adopt a policy-oriented approach, and the ventilators of new ideas, thereby contributing to the progressive development of the international legal regime. The assignment MUST be submitted through Turnitin (Law School policy). The problem will be posted on iLearn on 13 October.
Word Limit: Maximum 3000 words
On successful completion you will be able to:
- Describe how rules of international trade law evolve and operate.
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Delivery and Resources
One lecture (2-hour) to be available on iLearn and two mandatory OCS.
Compulsory Textbook
Islam, M R, International Trade Law of the WTO, Oxford University Press, 2006.
Materials Books (given in order of preference)
WTO, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade
Negotiations, Cambridge University Press, 2000.
Bossche, Peter Van den, The Law and Policy of the World Trade Organization: Text, Cases and Materials, Cambridge University Press, 2013
For details see the unit guide and iLearn
Unit Schedule
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Weekly schedule of lecture and tutorials:
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Week beginning on 04 August |
Lecture Topic |
Tutorial Topic
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Week 1: first lecture on 6 Aug |
Contemporary international trading regime and Australia |
No tutorials |
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Week 2: 13 Aug
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GATT and WTO trading regime and principles |
Contemporary international trading regime and Australia |
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Week 3: 20 Aug
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International financial system: IMF and World Bank |
GATT and WTO trading regime and principles |
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Week 4: 27 Aug |
Regional and bilateral free trading arrangements |
International financial system: IMF and World Bank |
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Week 5: 3 Sept
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Trade in goods: agriculture and its protectionism |
Regional and bilateral free trading arrangements |
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Week 6: 10 Sept
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Non-tariff barriers to trade: SPS and TBT |
Trade in goods: agriculture and its protectionism |
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Week 7: 17 Sept
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Dumping and anti-dumping, subsidies and countervailing, and escape clauses |
Non-tariff barriers to trade: SPS and TBT |
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MID-SEMESTER BREAK: 22 SEPT- 6 OCT |
No Lecture |
No Tutorial |
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Week 8: 8 Oct |
Trade in services and its pressing matters |
Dumping and anti-dumping, subsidies and countervailing, and escape clauses |
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Week 9: 15 Oct |
TRIPS Agreement, TRIPS-Plus and transfer of technology |
Trade in services and its pressing matters |
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Week 10: 22 Oct |
Dispute settlement of the WTO |
Trips Agreement, Trips-plus and transfer of technology |
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Week 11: 29 Oct |
Non-trade issues at the WTO: environment and human rights |
Dispute settlement of the WTO |
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Week 12: 5 Nov |
Transactional aspects: sale and carriage of goods and payment |
Non-trade issues at the WTO: environment and human rights |
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Week 13: 12 Nov |
Multilateral trade and finance regime: present and future |
Transactional aspects: sale and carriage of goods and payment |
On Campus Sessions (OCS)
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Date |
Time |
Location |
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Session 1 |
24 September |
9 am – 4 pm |
E5A 110 |
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Session 2 |
25 September |
9 am – 4 pm |
E5A 110 |
The following topics will be discussed:
24 September 9 - 10: International trading system – economic rationale, MFN, GSP, NT
10- 11: Linkage between the international monetary system and trade: IMF
11 - 12: Structural aspects of international trade – GATT and The WTO
12 - 1: Regional free trading arrangements and bilateralism
2 - 3: Trade in agriculture, developing countries
3 - 4: Role, interest, and rights of Australia as a trading nation
25 September 9 -10: Trade in services
10-11: Trade related intellectual property rights (TRIPs) and TRIPS-Plus
11-12: Non-tariff barriers to trade: SPS and TBT
12- 1: Trade measures: Dumping, subsidy, safeguards, balance of payment
2- 3: Non-trade issues: the environment and human rights
3- 4: The WTO dispute resolution system
Policies and Procedures
Macquarie University policies and procedures are accessible from Policy Central. Students should be aware of the following policies in particular with regard to Learning and Teaching:
Academic Honesty Policy http://mq.edu.au/policy/docs/academic_honesty/policy.html
Assessment Policy http://mq.edu.au/policy/docs/assessment/policy.html
Grading Policy http://mq.edu.au/policy/docs/grading/policy.html
Grade Appeal Policy http://mq.edu.au/policy/docs/gradeappeal/policy.html
Grievance Management Policy http://mq.edu.au/policy/docs/grievance_management/policy.html
Disruption to Studies Policy http://www.mq.edu.au/policy/docs/disruption_studies/policy.html The Disruption to Studies Policy is effective from March 3 2014 and replaces the Special Consideration Policy.
In addition, a number of other policies can be found in the Learning and Teaching Category of Policy Central.
Student Code of Conduct
Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/support/student_conduct/
Student Support
Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/
Learning Skills
Learning Skills (mq.edu.au/learningskills) provides academic writing resources and study strategies to improve your marks and take control of your study.
Student Services and Support
Students with a disability are encouraged to contact the Disability Service who can provide appropriate help with any issues that arise during their studies.
Student Enquiries
For all student enquiries, visit Student Connect at ask.mq.edu.au
IT Help
For help with University computer systems and technology, visit http://informatics.mq.edu.au/help/.
When using the University's IT, you must adhere to the Acceptable Use Policy. The policy applies to all who connect to the MQ network including students.
Graduate Capabilities
PG - Discipline Knowledge and Skills
Our postgraduates will be able to demonstrate a significantly enhanced depth and breadth of knowledge, scholarly understanding, and specific subject content knowledge in their chosen fields.
This graduate capability is supported by:
Learning outcomes
- Describe how rules of international trade law evolve and operate.
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Assessment tasks
- Class Participation
- Legal Opinion
- Research assignment
PG - Critical, Analytical and Integrative Thinking
Our postgraduates will be capable of utilising and reflecting on prior knowledge and experience, of applying higher level critical thinking skills, and of integrating and synthesising learning and knowledge from a range of sources and environments. A characteristic of this form of thinking is the generation of new, professionally oriented knowledge through personal or group-based critique of practice and theory.
This graduate capability is supported by:
Learning outcomes
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
Assessment tasks
- Legal Opinion
- Research assignment
PG - Research and Problem Solving Capability
Our postgraduates will be capable of systematic enquiry; able to use research skills to create new knowledge that can be applied to real world issues, or contribute to a field of study or practice to enhance society. They will be capable of creative questioning, problem finding and problem solving.
This graduate capability is supported by:
Learning outcomes
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Connect international trade law doctrine and theory to international trade, economic, and financial actors (trading nations, WTO, IMF, World Bank, MNCs, and NGOs/advocates of international economic affairs) to provide cross-border and multi-jurisdictional expertise and experience.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
Assessment tasks
- Legal Opinion
- Research assignment
PG - Effective Communication
Our postgraduates will be able to communicate effectively and convey their views to different social, cultural, and professional audiences. They will be able to use a variety of technologically supported media to communicate with empathy using a range of written, spoken or visual formats.
This graduate capability is supported by:
Learning outcomes
- Describe how rules of international trade law evolve and operate.
- Creatively apply theoretical scholarship (both legal and interdisciplinary) and international trade law principles to major international law problems and new fact situations.
- Explain how international trade law impacts on national trading policy and practice, and confronts controversial and pressing issues of trade and finance in the contemporary era of economic globalisation.
- Display effective communication skills by verbally defending views in a respectful environment and developing reasoned and supported written argument.
Assessment tasks
- Class Participation
- Legal Opinion
- Research assignment