MASTER OF LAWS
Course Code: LAW 619
Course Title: International Trade Dispute Resolution
Instructor
: Locknie Hsu
Title
: Associate Professor
Email
: lockniehsu@smu.edu.sg
Date Submitted: 31 January 2012
PRE-REQUISITE/CO-REQUISITE/MUTUALLY EXCLUSIVE COURSE(S)
COURSE SPECIALISATION
Dispute Resolution
GRADING BASIS
Graded
COURSE UNIT
1 CU
FIRST OFFERING TERM
Academic Year: AY2012/2013
Academic Term: Term 1 (May 2012)
1
COURSE DESCRIPTION
International trade and investment activities are the life-blood of economic growth and
development. This has been evident in Singapore - a centre of trade and investment - and
much of Asia.
In order to deal with disputes that may arise from such activities, institutions have been
established to handle them. In particular, the birth of the World Trade Organization and its
dispute settlement system more than a decade ago saw the introduction of a new, formal
dispute settlement process in the area of trade. This development and the numerous dispute
settlement mechanisms that have been created through a large network of free trade
agreements and bilateral investment treaties have changed the face of trade dispute resolution
immensely.
It is essential to have an understanding of the landscape of trade and investment law, the
barriers that may form the substance of disputes, and relevant institutions, to work more
effectively for clients with cross-border trade and investment interests and multinational
corporations and to formulate trade policies in government or government-related agencies.
This course will equip students with an understanding of the sources of international trade
law, interpretative instruments, the relevant institutions and their rules and practices, and the
ability to identify common trade and investment issues facing international businesses and
possible solutions and to work out appropriate legal advice and generate solutions.
LEARNING OBJECTIVES
By the end of this course, participants will be able to:

Have a good understanding of major trade issues that often lead to trade
disputes;

Navigate major treaties and documents relating to international trade disputes;

Understand relevant WTO issues and processes in its dispute settlement system
and assess its effectiveness; and

Be able to identify major trade dispute issues, conduct research with relevant
materials and resources, and analyze these to work out possible solutions.
2
RECOMMENDED TEXTS AND READINGS
General
Apart from this Course Outline, each seminar outline will have an individual, detailed
reading list setting out recommended textbook chapters, articles and other materials for
the seminar topic.
Treaties and case materials
This course will involve the use of a number of treaty and case resources related to the
WTO system. All WTO agreements and case reports are available online, free of charge,
and relevant web-links and soft copies of some basic documents will be provided. Other
non-WTO online material will also be provided.
Journal articles
Where relevant, web-links for recommended journal articles will be provided in the
seminar outlines.
Textbooks
Selected chapters of textbooks available in the Li Ka Shing Library will be recommended
for each seminar.
The books mentioned below will be made available for course participants’ use (via
short-term loans) in the Course Reserve section of the library during this course. It is
not necessary to purchase these books unless a participant prefers to have his/her own
personal copy.
Introductory reading for an overview of the general trading system
Michael J. Trebilcock, Understanding Trade Law, Edward Elgar, 2011
ISBN 9780 8579 31498
WTO Trade Disputes
Selected chapters or parts thereof from the following books will be prescribed in
the individual seminar outlines:

Peter Van den Bossche, The Law and Policy of the World Trade Organization:
Text, Cases and Materials, Cambridge University Press, 2nd Ed. (2008);
3


Mitsuo Matsushita, Thomas J. Schoenbaum, and Petros C. Mavroidis, The
World Trade Organization: Law, Practice and Policy, Oxford University Press
(2006);
A Handbook on the WTO Dispute Settlement System, WTO (2004).
Investment Disputes
Selected chapters or parts thereof from the following books will be prescribed in
the individual seminar outlines:
 Rudolf Dolzer and Christoph Schreuer, Principles of International Investment
Law, Oxford University Press (2008);
 Campbell McLachlan, Laurence Shore and Matthew Weiniger, International
Investment Arbitration: Substantive Principles, Oxford University Press
(2008);
 Peter Muchlinski, Federico Ortino and Christoph Schreuer, The Oxford
Handbook of International Investment Law, Oxford University Press (2008);
 Edited by Katia Yannaca-Small, Arbitration under International Investment
Agreements: A Guide to the Key Issues, Oxford University Press, 2010.
Supplementary materials
Information on any supplementary materials other than the above will be
provided in the seminar outlines.
ASSESSMENT METHOD
The following information is based on the expectation that the class size will be at
least 6. Should the number be lower, the assessment components may be adjusted to
reflect this, to better tailor assessment to a smaller group.
1. Progress Assessments (a short, written in-class test): 10%
2. Class participation: 10%
3. Projects / Assignments: 30% (made up of two components – an individual oral
presentation of 15%, and an individual written assignment 15%)
4. Take-home Exam: 50%
4
INSTRUCTIONAL METHODS AND EXPECTATIONS
Structure
This course will be conducted through 3-hour seminars with a 15-minute break per
seminar, during the course period. Role-play and other class exercises may be used to
allow participants to simulate dispute resolution processes and issues.
For each seminar, a detailed seminar outline and Powerpoint slides will be made
available before the class.
Class Participation
Each participant will be assessed on his or her participation in class. Participants should
therefore complete the assigned reading and any exercises prior to attending the
seminar. Participants are reminded that their active participation is expected and will
create a vibrant and interactive environment conducive for learning at an elevated
level. The substance of participation is important and will be noted by the
instructor. (Please note therefore that credit is given for the quality of meaningful
contributions during class discussions and not merely for the frequency of participation.)
Assignments/Presentations
Participants may be assigned assignments/oral presentation work either individually or
in a small assigned group (the arrangements will depend on the total class
size). Assignments may take the form of hypothetical situations or specified legal issues.
If the assignment takes the form of a group assignment, a common grade will be
awarded to group members. For the oral presentations, each participant will receive an
individual assessment grade for his/her presentation in class.
Creative thinking and peer learning is expected through open sharing from real work
situations.
In-class Test
The written in-class test will be held sometime after session 5, to test participants’
understanding of major topics discussed.
Final Examination
The final examination will be in a “take-home” format for which the participant is given
6 hours to send in the answer (of up to 5,000 words) on the following Sunday after the
last class (giving a week to revise). The examination will begin at 6 pm and end at
5
midnight that same day. Participants will use the SMU eLearn Dropbox to submit their
answers.
Important: Academic Integrity
All acts of academic dishonesty (including, but not limited to, plagiarism, cheating,
fabrication, facilitation of acts of academic dishonesty by others, unauthorized
possession of examination questions, or tampering with the academic work of others)
are serious offences.
All work (whether oral or written) submitted for purposes of assessment must be the
participant’s own work. Penalties for violation of the policy range from zero marks for
the component assessment to expulsion, depending on the nature of the offence.
When in doubt, participants should consult the instructor of the course. Details on the
SMU Code of Academic Integrity may be accessed
at http://www.smuscd.org/resources.html.
6
COURSE SCHEDULE
Session
Topic
Readings
4 May (AM)
Background to Trade Dispute Resolution:
 Introduction to the World Trading System:
International landscape of trade and
investment law, and globalization

Functions and processes of the World Trade
Organization (WTO)

Sources of international trade law and
interpretative tools:
Major treaties and organizations

Trade and investment regulation and barriers

Key interpretative and procedural issues
1
4 May (PM)
2
Background to Trade Dispute Resolution:
Processes of the World Trade Organization



Structure and decision-making
Overview of WTO agreements
Introduction to the WTO dispute settlement
system
11 May (AM)
3
Key concepts in Trade Dispute Resolution:

Key concepts and principles in WTO law that
are the basis of trade disputes

Examples in trade in goods, services,
7
investments, intellectual property rights

Relating these key concepts to trade disputes
and their resolution
11 May (PM)
Trade Dispute Resolution:

4

Major features of the WTO’s dispute
settlement system
►
The Dispute Settlement Understanding
(DSU) and Dispute Settlement Body (DSB)
►
Panels
►
The Appellate Body
Major processes and issues (1)
12 May (AM)
5

Major processes and issues (2)

Developing countries in the WTO dispute
settlement system
12 May (PM)
6
Trade Dispute Resolution:
The DSU System – issues in implementation,
compliance issues and remedies
18 May (AM)
7
[The tentative plan is to hold the short written test
(10%) for all participants during this session.]
International Investment Dispute Resolution:
 Bilateral Investment Treaties
 Free Trade Agreements
8



The ICSID System
UNCITRAL Arbitration Rules
ASEAN Investment Treaty Provisions on
Dispute Settlement
18 May (PM)
International Investment Disputes:
8

Investment Dispute Tribunals and the effect of
their decisions

Jurisdictional Issues and Challenges
19 May (AM)
9
International Investment Disputes:
Common Provisions in Investment Disputes
19 May (PM)
10
11
International Investment Disputes:
Remedies and Enforcement Issues
27 May 2012 (Sunday)
Take-home examination
9