UNIVERSITY OF KENT
MODULE SPECIFICATION
1.
Title of the module
World Trade Organisation (WTO) Law and Practice I (LW847)
2.
School or partner institution which will be responsible for management of the module
Kent Law School
3.
Start date of the module
September 2008
4.
The number of students expected to take the module
20
5.
Modules to be withdrawn on the introduction of this proposed module and consultation with
other relevant Schools and Faculties regarding the withdrawal
None
6.
The level of the module
Postgraduate [M]
7.
The number of credits and the ECTS value which the module represents
20 credits (10 ECTS)
8.
Which term(s) the module is to be taught in (or other teaching pattern)
Autumn or spring
9.
Prerequisite and co-requisite modules
None
10. The programmes of study to which the module contributes
LLM in (Specialisation); PG Diploma in (Specialisation); PG Certificate in Law
11. The intended subject specific learning outcomes
Upon the successful completion of this course the student will obtain:
11.1 A detailed grounding in the legal and regulatory order being created by the WTO;
11.2 A critical understanding of this order in the light of competing theories and ideologies of
economic and social globalisation and its regulation and in the light of inter-state and interregional economic conflicts, especially as seen through decided cases before the dispute
settlement organs of the WTO;
11.3 An ability to place the WTO into its historical context;
11.4 Knowledge as to its relationship with other multilateral, regional and sub-regional economic
groupings, especially where this involves the interpretation of similar regulatory concepts;
11.5 The ability to relate WTO law and practice to the national regulation of trade.
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UNIVERSITY OF KENT
12. The intended generic learning outcomes
12.1 To provide a comprehensive, interdisciplinary, study of the emerging law and practice of the
WTO through an examination of: its institutional background, theoretical and political
approaches to the question of international trade regulation and liberalisation, the principles of
international economic dispute settlement;
12.2 To examine the main provisions of the GATT 1994, covering the main concepts and legal
questions raised by them.
13. A synopsis of the curriculum
The establishment of the WTO on 1 January 1995 has signalled the beginning of a new era in
international economic relations. Unlike the GATT, whose main purpose was the reduction of barriers
on trade in goods, the WTO legal regime reach deeper into more areas of policy-making, ranging
from the regulation of services and investments to the protection and enforcement of intellectual
property rights. Furthermore, through its Dispute Settlement Understanding (DSU) the WTO has the
capacity to generate case-law on the resolution of disputes under the WTO agreements that it
covers. This marks a significant shift from the earlier GATT dispute settlement mechanism as it
creates, for the first time on the multilateral level, a binding decision-making apparatus. Thus any
serious attempt to understand the nature and development of international economic law requires a
careful and detailed study of the WTO and its emergent law and practice. It is the cornerstone of the
new global economic order. This module offers a comprehensive overview of this evolving legal and
regulatory order.
Topics covered
1.
2.
3.
4.
5.
6.
7.
8.
9.
Theoretical and Political Approaches to International Economic Regulation of Trade;
the main actors: states, multinational enterprises, civil society and NGOs.
Free Trade Theory and Practice
The Institutional Context: the Bretton Woods System, the GATT and the WTO.
The WTO and developing countries: GATT preferences and WTO Special and
Differential Treatment.
The Dispute Settlement Understanding.
Trade in Agriculture.
Trade in Services
Trade and Investments (including TRIMS)
Trade Related Aspects of Intellectual Property Rights
14. Indicative Reading List
Recommended textbooks:
Michael J.Trebilcock, Robert Howse and Antonia Eliason The Regulation of International Trade
(Routledge, 4th ed, 2012) (THE) or
M. Matsushita, T.M. Schoenmaum, P.C. Mavrodis. The World Trade Organisation. Law, Practice and
Policy. (Oxford University Press, 2nd ed, 2006) (MSM)
Reference will also be made to:
Lang, A. World Trade Law After Neo-Liberalism: RE-Imagining the Global Economic Order
(Oxford: Oxford University Press, 2011)
Harvey, D. The Enigma of Capital: and the Crises of Capitalism (London, Profile Books, 2010) 1-39
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UNIVERSITY OF KENT
H.J Chang, The Myth of Free Trade and the secret history of Capitalism (Bloomsbury Press, 2007)
D. Harvey. A Brief History of Neoliberalism, Oxford University Press (2005)
J.E. Stiglitz, A. Charlton. Fair trade for All: How Trade can Promote Development. (Oxford
University Press, 2005) (S&C).
D. Alessandrini ‘Developing Countries and The Multilateral Trade Regime: The Failure And
Promise Of The WTO's Development Mission’ (Hart, 2010).
R. Yearwood, The Interaction Between WTO Law and External International Law: The Constrained
Openness of WTO Law (Routledge Research in International Economic Law, 2011)
Articles in the following journals:
Journal of World Trade
Journal of International Economic Law
Economy and Society
Review of International Political Economy
Articles from other international law journals are available in the Library or on the Internet.
The WTO Website is an essential resource to which students already have access to.
15. Learning and Teaching Methods, including the nature and number of contact hours and the
total study hours which will be expected of students, and how these relate to achievement of
the intended module learning outcomes
The module will be taught in combined lecture/seminars of 2 hours on a weekly basis. There are 200
study hours for the module. Students will be expected to prepare reading in advance from their set
textbooks and course cases and materials book. They will also be expected to access WTO cases and
other documents directly from the comprehensive WTO website. This will address learning outcomes
11.1; 11.3 and 12.2. They will be expected to take an active part in the seminars, answering pre-set
questions and making occasional presentations in preparation for their examined essay. This will
address learning outcomes 11.4 and 11.5. Thus the emphasis is on active learning leading to the
learning outcomes listed above, the achievement of which can be monitored through the quality and
frequency of the each students participation in class. This will address learning outcomes 11.2 and
12.1.
16. Assessment methods and how these relate to testing achievement of the intended module
learning outcomes
Students will be examined 100% on the basis of a 5000 word essay on a topic within the course
syllabus to be agreed between student and examiner. The object of the essay will be to require the
student to research a specific issue arising out of the syllabus, to show command of the relevant
sources, both legal and non-legal, an understanding of the regulatory and policy issues created by
the topic so chosen and the achievement, in the context of the chosen topic, of the learning
outcomes listed above. This will address learning outcomes 11.2; 11.3; 11.4; 11.5 and 12.1. In addition
this exercise will enhance the research skills of the student by ensuring that they devote time to
examining both primary and secondary sources for their chosen topic and through the production of
a structured and fully reasoned piece of original written work, therefore addressing learning
outcomes 11.1 and 12.2
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UNIVERSITY OF KENT
17. Implications for learning resources, including staff, library, IT and space
None
18. The School recognises and has embedded the expectations of current disability equality legislation,
and supports students with a declared disability or special educational need in its teaching. Within
this module we will make reasonable adjustments wherever necessary, including additional or
substitute materials, teaching modes or assessment methods for students who have declared and
discussed their learning support needs. Arrangements for students with declared disabilities will be
made on an individual basis, in consultation with the University’s disability/dyslexia support service,
and specialist support will be provided where needed.
19. Campus where module will be delivered: Canterbury
Module Specification Template
Last updated July 2014
Content moved to current template Nov 2014 re: PPR/HER
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