units

LAW5369

Faculty of Law

18 September 2017 19 April 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Offered

Not offered in 2016

Notes

For postgraduate Law discontinuation dates, please see http://www.monash.edu/law/current-students/postgraduate/pg-jd-discontinuation-dates
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7326

Synopsis

This unit will examine the main features of WTO law. The topics that will be examined in the unit will include: the WTO in its historical and legal context; the WTO's institutional structure and decision making and negotiating processes; a number of the key WTO agreements in more detail; and the rules governing trade in goods and services in the WTO, in particular the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the General Agreement on Trade in Services (GATS), including national treatment, MFN treatment, tariff schedules, market access and key exceptions to the national treatment principle such as public morals, health and environment.

Outcomes

On completion of this unit students will be able to:

  • Apply knowledge and understanding of the history of the GATT and WTO and ongoing negotiations with creativity and initiative to new situations in professional practice and/or for further learning;
  • Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to the legal framework of the WTO, including the relationship between the various agreements, the relationship between the WTO agreements, international and national laws, and the dispute settlement process;
  • Conduct research into certain key WTO agreements, including advocating a particular position in a given hypothetical, potential or past case based on knowledge of appropriate research principles and methods; and
  • Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to major WTO dispute settlement decisions regarding these WTO agreements, and be able to assess these decisions critically.

Assessment

Take-home examination (3,000 words): 40%
Research assignment (4,500 words): 60%.

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)

Chief examiner(s)

Professor Jeff Waincymer Research ProfileResearch Profile (http://monash.edu/research/people/profiles/profile.html?sid=3842&pid=3510)