Late Submission Penalty

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline. No late submissions will be accepted for timed assessments – e.g. quizzes, online tests.

Technology

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

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

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

Active Participation

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 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: Students are required to attend the tutorials in accordance with the schedule of classes/tutorials set out in this Unit Guide and complete the prescribed readings for each week. 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 tutorials ;

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 Question 

1. Substantive requirements: This assignment will be 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 and analyse of issues by using primary and secondary sources; 
3. Theoretical discipline specific knowledge relevant and applicable to the problem;
4. Depth of legal research and critical analytical skill with innovative and interdisciplinary approach; and
5. Coherence of presentation, clarity of expression, responsiveness to the problem; and correct citation.

Research Paper 

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 and interdisciplinary approach;

3. Intellectually construct and defend arguments with scholarly support;

4. Free 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.  

Tutor: Dr Baskaran Balasingham (baskaran.balasingham@mq.edu.au)

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

Prescribed Textbook

P. Van den Bossche and W. Zdouc, The Law and Policy of the World Trade Organization: Text, Cases and Materials (Cambridge University Press, 2017).

Prescribed Legislative Text

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. 

M. Matsushita et al., The World Trade Organization: Law, Practice and Policy (Oxford University Press, 2017).

G. 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).

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

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

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

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

Y. Lee et al. (eds), Law and Development Perspective on International Trade Law (Cambridge University Press, 2011).

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

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

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

S. Kroll et al. (eds), The UN Convention on Contracts for the International Sale of Goods (Hart, 2010).

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

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

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

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

I. Matsumoto, '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 180.

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

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

C. Bown and M. Wu, ‘Safeguards and the Perils of Preferential Trade Agreements: Dominican Republic–Safeguard Measures’ (2014) 13 World Trade Review 179.

L. 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 Leiden Journal of International Law 113.

D. Ahn and P. Messerlin, ‘United States – Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?’ (2014) 13 World Trade Review 267.

A. Slade, 'Good Faith and the TRIPS Agreement: Putting Flesh on the Bones of the TRIPS Objectives’ (2014) 63 International and Comparative Law Quarterly 353.

A. Johnston and M. Trebilcock, ‘Fragmentation in International Trade Law: Insights from the Global Investment Regime’ (2013) 12 World Trade Review 621.

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.

Compared to the unit offering in 2017 the assessment has been modified. The weighting of the different forms of assessment have been altered. The previously recommended reading P. Van den Bossche and W. Zdouc, The Law and Policy of the World Trade Organization: Text, Cases and Materials (4th edn, Cambridge University Press, 2017) is now the prescribed textbook. The weekly topics are more in accordance with the new textbook.