Technology:

All students need access to a secure and reliable server for access to iLearn and for submission of assessment tasks.

Disruption of Studies

In the absence of a successful application for special consideration due to a disruption to studies, any assessment task submitted after the published deadline will not be graded and will receive a mark of zero. Applications for a Disruption to Studies are made electronically via ask.mq.edu.au and should be accompanied by supporting documentation. Students should refer to the Disruption to Studies policy for complete details of the policy and a description of the supporting documentation required.

Word Limit

Word limits will be strictly applied and work above the word limits will not be marked.

Referencing

Students should use the Australian Guide to Legal Citation (AGLC) (3rd Edition) for the annotated bibliography, citations in their research paper and bibliography attached to the research paper.

Submission of Assessments

This unit includes iLearn quizzes as well as substantive research papers. All substantive assessments (annotated bibliography and law reform research paper) are to be submitted electronically through Turnitin. Plagiarism detection software is used in this unit.

Moderation of Assessments

Detailed marking rubrics will be made available on iLearn. Markers in this unit undertake a process of 'blind marking' to establish a common marking standard and all Fail papers are double marked.

EXPECTATIONS AND REQUIREMENTS OF ASSIGNMENTS

PARTICIPATION in OCS Tutorial worth 10% mark

1. Substantive requirements: Students will be assessed on the basis of their knowledge, understanding and analytical ability to evaluate the issues raised in each weekly topic. Active participation in the class (OCS) will require students to read and understand various issues scheduled for discussions on a regular basis. Students are also required to participate in discussions that extend beyond these set topics and readings through their own evaluation of the issues raised. 

2. Formal requirements:  External students must attend the two-day OCS from 9 am to 4 pm as a compulsory and substantive academic requirement. Exemptions may be granted only in exceptional circumstances and subject to the provision of appropriate documentation. If an exemption is granted, work in lieu will need to be submitted.

3. Marking criteria/rubrics:

1. Regular and timely presence in class (OCS) ;

2. Active and effective class participation; 

3. Knowledge and understanding of the subject matter; 

4. Ability to develop ideas and think critically; 

5. Problem solving skills; and

6. Oral communication skills. 

Problem Solving worth 40% mark

1. Substantive requirements: This assignment will assessed based on the discipline specific knowledge, understanding and identification of the relevant legal issues, and their application to a given (real or hypothetical) fact situation/problem of contemporary trading relations. Students may be required to take their research beyond the prescribed books and course materials (the supplementary books and journals provide a starting point for further research). Clarity of expression, presentation of argument, responsiveness to question, and correct and consistent reference style will also be taken into account. Students are encouraged to consider a theoretical as well as applied dimension to the issues under consideration for a problem question subsumable in international trade law.

2. Marking criteria/rubrics: 

1. Originality of the work;
2. Accurate identification of and analyse issues by using primary and secondary sources; 
3. Applied aspect: application of discipline specific knowledge to given facts;
4. Depth of legal research and critical analytical skill with independent, innovative and interdisciplinary approach; and
5. Coherence of presentation, clarity of expression, responsiveness to the problem; and correct citation.

Research Paper worth 50% mark

1. Substantive requirements: This assignment is meant to test the legal research and writing skill. Students will be assessed on the basis of their discipline specific knowledge, understanding and identification of the relevant legal issues, analysis and evaluation of the issues, quality and depth of research, critical, interdisciplinary, policy-oriented approach, and overall presentation. Research should extend beyond the prescribed books and course materials (recommended books and journals provide a starting point for research). Clarity of expression, presentation of argument, responsiveness to the issues raised, and correct, complete, and consistent reference/citation style will be taken into account.

2. Marking criteria/rubrics: 

1. Extent of theoretical and applied knowledge and understanding of international trade/finance law relevant and applicable to the specific area of the research;

2. Depth of research, quality of arguments, and interdisciplinary approach;

3. Innovativeness: legally subsumable alternative views and law reforms;

4. Independent and innovative thinkers, a policy-oriented approach, and the ventilators of new ideas contributing to the progressive development of the international legal regime; and

5. Orderly presentation - clarity of expression, coherently addressing the issues raised, and correct, complete, and consistent reference/citation style.

Formal requirements for both written (problem question and research) assignments

The following requirements as to presentation of papers must be complied with:

• Both assignments are meant to be the independent works of individual student. Assignments are not group works or exercises. Students are strictly prohibited to use their social media (face books/twitters etc) in the preparation of assignments.

• Both assignments must be typed with 12 point font in the text and 10 point font in foot/end notes. Bibliography/reference must also be 12 point font.

• The word limit must be strictly maintained. The word limit does not include the footnotes and bibliography, although footnotes must not include any substantive content. The actual word length of your assignment must be stated on the cover sheet.
• Footnotes, bibliography and other referencing must be consistent with the Australian Guide to Legal Citations, which can be downloaded at http://www.law.unimelb.edu.au/mulr

• Substantive and procedural requirements referred to are important and should be followed in both assignments.

This course will be delivered via lectures (also available on iLearn) and through seminars/ tutorials.Students will be required to actively participate in discussion based on the readings, as well as any problem and discussion questions set by the convenor.  External students must attend a two-day intensive/OCS (9am-4pm) to be held on the 30th Sept & 1st Oct 2017.

On-Campus Sessions (OCS)  

 For lecture times and classrooms please consult the MQ Timetable website: http://www.timetables.mq.edu.au. This website will display up-to-date information on your classes and classroom locations.

Required and Recommended Readings

Compulsory text and two alternative materials books are the CORE readings and prescribed with the intention that every student MUST consult them, preferably by acquiring their own personal copy. Compulsory text is very up to date, as there has not been any new substantive WTO law-making since the Hong Kong WTO Ministerial Conference in December 2005. The subsequent development of the WTO law through its dispute settlement system since 2007 relevant to any lecture/tutorial topic will be highlighted and commented upon at appropriate places. Materials books are the important sources of primary materials/documents on the WTO and trade law. Students may need to consult relevant supplementary readings for the better understanding of some issues. For advanced knowledge and better performance in the assignments, some select scholarly articles are also prescribed in lecture/tutorial sessions. Prescribed text and materials books are also available in the Reserve section of the Macquarie Library. There is no prepared materials book for this unit. Should you encounter difficulty in accessing these sources, contact the Convenor.

Compulsory Textbook

Islam, M R, International Trade Law of the WTO (Oxford University Press, 2006).

Cases and Materials Books

1. Bossche, Peter Van den and Werner Zdouc, The Law and Policy of the World Trade Organization: Text, Cases and Materials (Cambridge University Press, 3rd ed. 2014).

2.WTO, The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations (Cambridge University Press, 2000).

Recommended Readings

Students are also advised to consider and consult the following books and journal articles to supplement the text and materials. 

Gabrielle Marceau, (ed) A History of Law and Lawyers in the GATT/WTO The Development of the Rule of Law in the Multilateral Trading System (Cambridge University Press, 2015).

Charlotte Sieber-Gasser, Developing Countries and Preferential Services Trade (Cambridge University Press, 2016).

Marcus Klamert, Services Liberalization in the EU and the WTO Concepts, Standards and Regulatory Approaches (Cambridge University Press, 2014).

Yves Bonzon, Public Participation and Legitimacy in the WTO (Cambridge University Press, 2014).

 B M Hoekman and M M Kostecki, The Political Economy of the World Trading System: The WTO and Beyond (Oxford University Press, 2013).

 Yong-Shik Lee at el (ed) Law and Development Perspective on International Trade Law (Cambridge University Press, 2011).

Dani Rodrik, The Globalization Paradox: Democracy and the Future of the World Economy (New York: Norton, 2011).

Alesandrini, D, Developing Countries and the Multilateral Trading regime: The Failure and Promises of the WTO’s Development Mission (Hart Publishing, London, 2010).

Mavroidis, P C, Law and Economics of Contingent Protection in the WTO (Edward Elgar Publishing, London, 2010).

Kroll, S, Mistelis, L and Viscacillas, M P (eds), The UN Convention on Contracts for the International Sale of Goods (Hart Publishing, London, 2010).

Schefer, K N, Social Regulation in the WTO (Edward Elgar Publishing, 2010).

Yamane, H, Interpreting TRIPS: Globalisation of Intellectual Property Rights and Access to Medicines (Hart Publishing, London, 2010).

Smith, F, Agriculture and the WTO (Edward Elgar Publishing, London, 2009).

Yigzaw, Destaw A., ‘Where the Real Issue Lies: Normative Conflict between the WTO System and Human Rights’ (2015) 18 International Trade and Business Law Review pp. 31-96.  

Matsumoto, Izumi, Role of International Standards in Promoting Environmental Goods and Services - a New Approach to Reconciling Trade and Climate Change’  (2016) 19 International Trade and Business Law Review pp. 180-244.

Alexia Herwig, ‘The WTO and the Doha Negotiation in Crisis?’ (2013) 44 Netherlands Yearbook of International Law pp. 161-185.

Tao, Siyu, ‘Potential Inconsistency between China's GATS Obligations and Relevant Domestic Legislation’ (2015) 18 International Trade and Business Law Review pp. 162-203.  

Chad P. Bown and Mark Wu, ‘Safeguards and the perils of preferential trade agreements: Dominican Republic–Safeguard Measures’ (2014) 13. 2 World Trade Review pp 179-227.

Liu Ying, The Applicability of Environmental Protection Exceptions to WTO-Plus Obligations: In View of the China – Raw Materials and China – Rare Earths Cases’ (2014) 27.1 Leiden Journal of International Law pp 113-139.

Dukgeun Ahn and Patrick Messerlin, ‘United States – Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: never ending zeroing in the WTO?’ (2014) 13.2 World Trade Review pp 267-279.

Alison Slade, Good Faith and the TRIPS Agreement: Putting Flesh on the Bones of the TRIPS ‘objectives’ (2014) 63.2 International and Comparative Law Quarterly pp 353-383.

Adrian M. Johnston and Michael J Trebilcock,‘Fragmentation in international trade law: insights from the global investment regime’ (2013) 12.4 World Trade Review pp 621-652.

Muthukumara Mani, ‘Environmental Reviews and Case Studies: Trade and the Environment Debate: Recent Developments and Implications for China’, (2013) 15. 3 Environmental Practice pp 313-322.

Asafu-Adjaye, J and Mahadevan, R, ‘Regional Trade Agreements Versus Global Trade Liberalisation: Implications for a Small Island Developing State’ (2009) 32:3 The World Economy, 509-529.

Cantora, Mark, CISG after Medellin v. Texas: Do U.S. Businesses Have It - Do They Want It’ (2009) 8.1 Journal of International Business and Law  pp. 111-136 .

Asafu-Adjaye, J and Mahadevan, R, ‘Regional Trade Agreements Versus Global Trade Liberalisation: Implications for a Small Island Developing State’ (2009) 32:3 The World Economy, 509-529.

Islam, MR and Islam R, ‘The Global Food Crisis and Lacklustre Agricultural Trade Liberalisation: Demystifying their Nexus Underpinning Reform’ (2009) 10:5 J World Investment & Trade 679-698.

Disdier, A C et al, ‘The Impact of Regulations on Agricultural Trade: Evidence from the SPS and TBT Agreements’ (2008) 90:2 Am J Agricultural Econ 336.

Surya P Subedi, The Notion of Free Trade and the First Ten Years of the World Trade Organization: How Level is the ‘Level Playing Field?’ (2006) 53.2 Netherlands International Law Review pp 273-296.

Miljkovic, D, ‘Sanitary and Phytosanitary Measures in International Trade: Policy Consideration Vs Economic Reasoning’ (2005) 29:3 Int’l J Consumer Studies 283-290.

Prusa T J, ‘Anti-Dumping: A Growing Problem in International Trade’ (2005) 28:5 The World Economy 683-700.

Islam, M R, ‘Parochialism in Agricultural Trade Liberalisation under the WTO: Dilemmas and Options for Australia as a Middle-Sized Nation’ (2002) 36:4 J World Trade 773-802.

Brimeyer, B J, ‘Bananas, Beef and Compliance in the WTO: The Inability of the WTO Dispute Settlement Process to Achieve Compliance from Superpower Nations’ (2001) 10 Minnesota J Global Trade 133.

Gonzalez, C G, ‘Institutionalizing Inequality: The WTO Agreement on Agriculture, Food Security and Developing Countries’ (2002) 27 Columbia J Environmental L 433.

Feeney, S P, ‘The Dispute Settlement Understanding of the WTO Agreement: An Inadequate Mechanism for the Resolution of International Trade Disputes’ (2002) 2 Pepp. Dispute Resolution L J 99.

This list is by no means exclusive and exhaustive. For additional resources students are encouraged to use the library catalogue and databases. The WTO website is an important source of primary materials and various WTO studies. The International Legal Materials (ILM) also compiles international trade documents and it is available in hard copies in the Library and can also be searched under Hein Online.

Unit webpage and technology used and required

Online units can be accessed at: http://ilearn.mq.edu.au

The unit has iLearn web page. iLectures will be available for downloading over the internet. Assignments, information, and announcements relating to the unit and will be posted on this iLearn site. Students must check this site regularly for any important information/announcement relating to the unit