030579 KU WTO Law (2017W)

The aim of the course is to provide students with an advanced knowledge and critical understanding of the regulatory framework of the multilateral trade system, covering both the institutional and substantive law of the World Trade Organisation (WTO), which has played a central role in promoting and regulating international trade liberalisation since its establishment. Students will begin by reflecting on the theoretical arguments for and against free trade and on the role of law and institutions in international trade relations. The initial seminars of the course will then be dedicated to the institutional structure and decision-making processes of the WTO, including its unique system for the settlement of trade disputes. Subsequently, students will explore the key legal disciplines relating to international trade in goods and services, such as the core non-discrimination principles and market access rules, as well rules on subsidies, trade remedies and product standards.

Students will also engage with other substantive areas of WTO law, such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights and the principle of special and differential treatment of developing countries. In addition, students will consider how WTO law interacts with other areas of international law and the extent to which WTO members can use trade measures to pursue other (non-trade) policy objectives, such as the protection of public health or the environment. Students will be further exposed to some of the contemporary challenges facing the WTO, including the on-going Doha Round of multilateral trade negotiations, the proliferation of regional trade agreements and the organisation’s role in global economic governance.

Upon successful completion of this course, students will have acquired:

1. An in-depth knowledge and understanding of the WTO institutional structure and decision-making processes, as well as of core legal concepts and disciplines on international trade;
2. An ability to critically assess the role played by the different WTO bodies and to evaluate possible institutional reforms, as well as to critically analyse key WTO rules and related case law and to evaluate their practical implications and possible avenues for legal development (e.g., possible amendments to, or/and alternative interpretations of, existing WTO rules);
3. An ability to engage with contemporary legal and policy debates on WTO law, with a view to reflecting on alternative approaches and viewpoints on controversial issues;
4. An ability to conduct independent research, to synthesise and evaluate material from a variety of relevant primary and secondary sources, and to articulate, sustain and defend a line of argument, in both written and oral form;
5. Skills of application of the law and legal problem-solving, by considering both real WTO cases and hypothetical legal scenarios.

The course will take place over three weeks, in thirteen sessions (see dates below). The sessions will be interactive and students are expected to know the readings and engage in a discussion with the lecturer and the colleagues.

The textbook for the course is: P. van den Bossche and W. Zdouc, The Law and Policy of the World Trade Organization (Cambridge University Press, 4th edition, 2017). Students are recommended to purchase a copy.

The main journals on WTO law are:

- Global Trade and Customs Journal
- Journal of International Economic Law
- Journal of World Trade
- Journal of World Investment and Trade
- Legal Issues of Economic Integration
- World Trade Review

Articles on WTO law can also be found in a number of international law journals, such as:

- American Journal of International Law
- British Yearbook of International Law
- European Journal of International Law
- Journal of International Dispute Settlement
- International and Comparative Law Quarterly