TE PIRINGA FACULTY OF LAW
INTRODUCTION TO THE LAW OF INTERNATIONAL TRADE 2015 Outline
1. Introduction to the Law of International Trade
LAWS473-15B (HAM)
This paper carries 10 points
2.
Staffing
Dr Sadeq Bigdeli
Phone: 07 838 4466
Room: G.26
Email: s.bigdeli@waikato.ac.nz
By appointment which could be made via email
Dr Alberto Alvarez-Jimenez Phone: 07838 4466 Ext 6309
Room: G.25
email: aalvarez@waikato.ac.nz
By appointment which could be made via email
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This paper will provide students with an in-depth understanding and knowledge of the law and
policies of present-day international trade regulations, both on the multilateral level (and hence
an intensive examination of the procedural and substantive law of the World Trade Organisation
(WTO)) and on the regional level (the law of Free Trade Agreements).
Special regard will be given to the debates on the ongoing negotiations on Trans-Pacific
Partnership Agreement. Students will be invited to analyse critically the status quo with a
particular emphasis of intended and unintended consequences of trade law on other policy
objectives. In particular the so-called "interface" issues (the impact of trade law on the
environment, health and safety, development and other social policies) will be critically assessed
in light of cases regarding trade in alcoholic beverages, genetically modified products, gambling
services, tobacco, renewable energy, seal products and so forth.
(b) Structure of the Paper
This is a semester paper. The teaching component comprises 12 classes. There will be group
exercises at the end of selected lectures to help students actively engage with the materials and
to facilitate the achievement of the learning objectives outlined below.
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-
Time: Fri 11:00 - 13:00
Location: TC.2.68
4.
Learning outcomes
A student who has successfully completed this paper will be able to
1. Acquire knowledge of the applicable rules and doctrines governing international trade
relations;
a. In-class group exercises at the end of selected lectures will help achieve this goal.
2. Critically examine the political economy and ideological roots of international trade law
and economic theories;
a. Active participation in class debates, based on readings before class, (which will be
marked as a portion of the final grade) will help students achieve this goal.
3. Critically analyse the current status of and constraints associated with international trade
law in light of the recent decline of multilateralism (WTO) and the rise of regional
integration (Free Trade Areas such as the ongoing talks on Trans-Pacific and Trans-Atlantic
Free Trade Areas)
a. Class presentations and research essays are aimed to achieve this goal.
5.
Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
A NOTE TO STUDENTS: IF YOU COME TO CLASS UNPREPARED, YOU MIGHT FEEL LIKE YOU ARE
EXPOSED TO A COMPLETELY FOREIGN LANGUAGE! You should really think of this as an
opportunity rather than threat, since “class participation” is not about giving “right answers”. It
would be sufficient for you to show enthusiasm and seriousness to obtain a full grade regarding
this component of your final exam (5% of the final mark). You will see it will be fun!
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts.
In addition to the texts identified below, the Faculty of Law requires that students purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Compulsory materials will be posted on Moodle (http://elearn.waikato.ac.nz), the University of
Waikato’s online learning system.
In addition, the following textbook is required:
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Peter Van den Bossche, The Law and Policy of the World Trade Organization, Text, Cases and
Materials, 2nd Edition, Cambridge University Press, 2008, Paperback ISBN: 9780521727594
Alternatively, students might use other known trade law textbooks such as:
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Trebilcock and Howse, Regulation of International Trade, (3rd ed., Routledge, 2005)
[There is an updated version published in 2012 by Trebilcock, Howse & Eliason]
-
Jackson, The World Trading System, Law and Policy of International Economic Relations
(2nd ed, MIT Press, 1997)
-
Matsushita, Schoenbaum and Mavroidis, The world trade organization : law, practice, and
policy (Oxford University Press, 2006)
-
Cottier and Oesch, International trade regulation : law and policy in the WTO, the
European Union, and Switzerland : cases, materials, and comments (Cameron May, 2005)
-
Palmeter and Mavroidis, Dispute settlement in the World Trade Organization: Practice and
procedure, (Cambridge University Press, 2004)
-
Jackson, Davey and Sykes, Legal problems of international economic relations : cases,
materials, and text on the national and international regulation of transnational economic
relations (St. Paul, Minn. : West Group, 2002)
-
Lester, Mercurio, Davies, World Trade Law: Text, Materials and Commentary (Second
Edition), Hart Publishing 2012.
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Trebilcock, Understanding Trade Law, Edward Elgar 2012
Additionally, the following sources will be essential for your research:
Journals:
-
Journal of International Economic Law - Oxford Journals
-
World Trade Review – Cambridge Journals
-
Journal of World Trade – Kluwer International
Websites or data bases (available on Waikato Library Databases):
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wto.org
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Tradelawguide.com
-
Worldtradelaw.net
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the
University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.33 which is
available from http://www.waikato.ac.nz/law/undergraduate.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
The length of the final written research paper is to be no more than 10,000 words inclusive of
footnotes and bibliography. Word limit should be observed strictly.
b)
Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Component
Percentage of overall mark
Due date
I. Active class participation
(debates, class exercises)
5
n.a.
II. In-class presentations
10
final class
III. Research proposal
10
11 Sept.
IV. Research paper (10k words)
75
2 Nov.
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I.
Active participation consists of engagement in debates and Q&As when students are
called on and end-of-class exercises collectively carrying 5% of the final mark. This
component will be fundamental in order to achieve all the learning objectives
indicated in section 4.
II.
In-class presentations carries another 10% of the final mark and will help students
specifically achieve Goal Three of the learning objectives. The topics of presentations
will be the same as your research topic (see below) and will help you develop and
more deeply engage with your research question. Presentations will take place in the
final class. The timing of presentations will approximatley be five minutes but will be
adjusted based on the number of students enrolled. You can use powerpoint (one slide
max) or Prezi or no technology at all. Timing however will be strictly enforced.
III.
Research Proposal carries 10% and includes the topic (see the next paragraph),
research problem, an abstract, an outline and an annotated bibliography. Proposals
are due on September 11.
IV.
Research papers (due Nov 2) carry 75%. Here you get a chance to develop your
research question (as presented in class) into a full essay [2000 words inclusive of
footnotes and bibliography]. Topics will be particularly focused on regionalism: the
relationship between multilateral trading system (the World Trade Organization) and
regional trade agreements. Some time in the first half of the semester (tba), each of
you will be assigned a regional trade agreement, which would be relevant to your own
background and interests (e.g. Trans-Pacific Partnership Agreement which is under
negotiation; China-NZ Free Trade Agreement; ASEAN – Australia – NZ Free Trade
Agreement, etc.).
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
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f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2015 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
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work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2015, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Education Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal tests or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2015:
Assessment Regulations 2014
Change of Enrolment Regulations 2012
Student Discipline Regulations 2014
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
N/A
Links to other papers
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
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Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2013.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2014 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.”
See section 3, Assessment Regulations (2015 Calendar)
(c)
The Te Piringa - Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Faculty of Law’s Health and Safety representative is TBA. Please report any incident to the
Law Reception - Room Law G.44 or call ext 4167.
14.
Class representation
Contact details for the Student Representation Coordinator, Academic Services Division, are as
follows: Jeanie Richards, Student Services, ext. 8221, email: student.reps@waikato.ac.nz.
Further information can be found at the Class Rep google site.
15.
Complaints procedures
The Student Complaints Procedures provides details of the University’s process for handling
concerns and complaints and is published in the University Calendar.
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Lecture Schedule B semester
Week Commencing
Programme of lecture topics
13 July
1. Theoretical foundations of international
trade law and governance
20 July
2. Introduction to the history of World
Trade law
27 July
3. An institutional analysis of the WTO
including its dispute settlement system
3 August
4. GATT Rules on Market Access and MostFavoured Nations (MFN) Principle
10 August
5. MFN exceptions including Regionalism
17 August
6. National Treatment (GATT)
24 August
Teaching Recess
31 August
Teaching Recess
7 September
Trade in Services (GATS)
14 September
8. Rules on “Unfair Trade”
21 September
9. Trade and Societal Values
28 September
10. Trade and Regulatory Harmonization
5 October
11 Competing Discourses of Trade and
Sustainable Development
12 October
12. In-class presentations
19 October
Study Week
26 October (26 October Labour Day)
Examinations
2 November
Examinations
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