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LAW7023

Government regulation of international trade

Ms Jennifer Schultz

One 2-hour seminar weekly * One semester * City

Objectives Students who successfully complete this subject should have (1) acquired an understanding of how the public international trading system operates; (2) developed a detailed understanding of the historical and political factors which have shaped the principles, rules and development of the GATT/WTO; (3) developed an understanding of how to interpret a multilateral treaty and in particular developed an understanding of how the multilateral trade obligations set out in the GATT/WTO are incorporated into domestic legislation; (4) enhanced their organisational, presentational and legal writing skills; and (5) enhanced their understanding of international trade policy and international economic relations by focusing on the specific and complex rules relating to the GATT/WTO.

Synopsis The subject examines the principal mechanisms for the regulation of Australia's international trade. The subject starts with an analysis of the GATT/WTO after the conclusion of the Uruguay Round. The subject then takes up various regulatory legal principles and examines how they operate at both the national and international level, dealing with subjects such as tariffs and tariff negotiations, quotas, most favoured nation clauses, national treatment clauses, escape clauses and adjustment assistance, dumping duties, export subsidies, countervailing duties, investment and other topics. Additional topics will include GATT/WTO dispute resolution and also a brief examination of the new subject areas which have been incorporated into the GATT/WTO such as intellectual property and services.

Assessment Written research assignment (6000 words): 60% * Final take-home examination: 40%

Texts

Pryles, Waincymer and Davies International trade law: Commentary and materials LBC Information Series, 1996


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