LAWHONS 754A/B : Special Topic: Regulation of International Trade

Law

2024 Semester One (1243) / Semester Two (1245) (20 POINTS)

Course Prescription

No prescription

Course Overview

Course Outline
The World Trade Organization (WTO) is (or was) one of the most important intergovernmental organisations in the world. It is now best known for the endless negotiations of its members, inability to reach consensus decisions, and the destruction of the Appellate Body. In June 2022, at the 12th Ministerial Conference members were able to eke out a partial Agreement on Fisheries Subsidies, but has made no progress since. 
 Over the life of the WTO, the number and breadth of regional trade agreements (RTAs) has continued to grow. RTAs are often no longer regional and some do not even deal with market access. More recently, several narrow RTAs of dubious WTO legality have been agreed. 

While most people in most countries use or consume imported goods and services most days, surveys of public opinion in many countries show the public has become increasingly wary of the impact of international trade agreements. In some countries, the left and the right have become oddly aligned in their opposition.

The costs and benefits of trade have never been evenly spread throughout society. Trade agreements may adversely impact environmental, health, labour, and social inclusion policies. In addition to diverse impacts within countries, the institutions of international trade are often seen not to work to the equal advantage of all countries - especially the smaller developing countries. Economic nationalists and others see the WTO as impeding industrial development and facilitating some members in the geostrategic competition for control over high-tech industries. Trade and investment are increasingly seen to be in tension with national security interests. Many governments have responded to Covid by imposing numerous new barriers to international trade and investment and starting to rethink the wisdom of global supply chains. Some governments have sought to renegotiate or renege on trade agreements. Capturing the shift away from a rules-based system of international trade, President Trump has proclaimed that “trade wars are good, and easy to win”.

This course will examine selected issues central to the challenges facing the world trading system from different perspectives. 

The first semester will consist of seminars led by the lecturer, which will involve discussion of readings that address various topics such as the liberty/security trade-off, the normality/emergency dichotomy, deference, due process, and constitutionalism. The second semester will consist of seminar presentations by students on their chosen topics of research.

Syllabus
Topics may include:
♦ objectives and effects of international trade and trade agreements
♦ history and institutions of the WTO system
♦ role and treatment of developing countries
♦ regulation of import duties and non-tariff barriers
♦ trade remedies and disciplines on subsidies
♦ preferential trade agreements and the Belt and Road Initiative
♦ trade in services and electronic commerce
♦ trade wars and national security
♦ the interaction between trade and the environment, human rights and labour

Course Requirements

To complete this course students must enrol in LAWHONS 754 A and B

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism

Learning Outcomes

By the end of this course, students will be able to:
  1. Understand and critically evaluate the fundamental elements of the regulation of international trade (Capability 3.1 and 4.1)
  2. Critically reflect upon the law, economic and legal principles underpinning international law (Capability 4.1, 4.2 and 5.1)
  3. Be familiar with the core principles of trade law jurisprudence (Capability 1.2, 3.1 and 4.1)
  4. Understand and critically engage with the current issues of principle and policy underlying the diverse array of issues dealt with in international trade agreements (Capability 1.2, 2.1, 4.1 and 4.2)
  5. Effectively communicate legal research through the completion of a research essay (Capability 6.1, 8.1 and 8.2)
  6. Effective oral communication skills by providing insightful contributions as a part of seminar discussions in the course (Capability 6.1 and 6.2)
  7. Enjoy the intellectual richness of international trade law (Capability 4.1 and 5.1)

Assessments

Assessment Type Percentage Classification
Class Participation 10% Individual Coursework
Presentation 10% Individual Coursework
Seminar research paper 80% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Class Participation
Presentation
Seminar research paper

Workload Expectations


Officially, an honours seminar is a 20-point course - that is 48 hours of class time. According to the University, as a general guide, the total workload for this course is 200 hours. However, given how an honours seminar operates, the reality is that the workload will be different depending on the time of year. In semester 1, you will likely need to spend the several hours per class in order to be properly prepared to participate in discussion. In semester 2, unless you are presenting that particular week, this will not be necessary. You should, however, be working on your research project steadily throughout the year.

Delivery Mode

Campus Experience & Campus Experience

Attendance at seminars is required to receive credit for certain components of the course. 
The activities for this course are not scheduled as normal weekly course. The seminars will be broken up into blocks - one 5-day block in the first semester, and one 2-day block in the second semester. 



Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.


Students may also be asked to access additional materials via the Internet or in the Davis Law Library. All students are expected to read and study all the assigned reading for each class.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Feedback will be considered in the delivery of the course in 2024.

Other Information

Course Details
Venue    Room 340, Level 3, Building 810, 1-11 Short Street

Dates
Semester 1 2024
1-7 May
9 am - 5 pm

Semester 2 2024
19-20 September
9 am - 5 pm

Contact Details
Law School Student Services  Level 2, 1-1 Short St
postgradlaw@auckland.ac.nz

Lecturer Contact Details
Chris Noonan
Room 743, Level 7, 1-11 Short St
Email: c.noonan@auckland.ac.nz


Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 03/11/2023 03:44 p.m.