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Global Health, Trade and Investment Law (LAWS90092)

Graduate courseworkPoints: 12.5Not available in 2019

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Overview

Year of offerNot available in 2019
Subject levelGraduate coursework
Subject codeLAWS90092
FeesSubject EFTSL, Level, Discipline & Census Date

Health, trade and investment laws and norms interact in multiple ways, both to the benefit of health and to its detriment. This subject explores both the harmonies and the tensions across these critical areas of policy and governance at legal, normative, operational and institutional levels. It draws out some of the major themes by examining a number of high-profile areas of controversy in detail, in particular the World Trade Organization and investment treaty challenges to Australia’s tobacco plain packaging laws; the tensions between intellectual property protection and access to affordable medicines, medical technologies and devices; and contests over the negotiation of new trade and investment agreements, particularly their implications for governments’ regulatory space to protect and promote health. It is conducted by two leading global health law practitioners who bring both academic expertise and practical experience.

Principal topics include:

  • Global health law and governance
  • International trade and investment law and governance
  • International trade and investment challenges to tobacco control
  • Trade and investment law issues in access to affordable medicines, medical technologies and devices
  • Trade and investment law issues in the regulation of alcohol and unhealthy food
  • The protection of health in the negotiation and implementation of trade and investment agreements, including the Trans Pacific Partnership Agreement
  • The role of evidence in health-trade-investment policy development and litigation
  • The opportunities and challenges for achieving multi-sectoral health-trade-investment collaboration and understanding

Intended learning outcomes

Students who complete this subject will:

  • Have an advanced and integrated understanding of the major global health law obligations, the way in which global health law is constituted, and the key global health institutions and actors
  • Have an advanced and integrated understanding of the major substantive obligations, and the key institutions and actors in international trade and investment law
  • Have a nuanced awareness and understanding of the current harmonies and tensions between global health concerns, and international trade and investment laws and norms, including in relation to tobacco control, access to medicines, and the regulation of alcohol and unhealthy food
  • Have a sophisticated understanding of the place of health in the negotiation and implementation of international trade and investment agreements
  • Be able to apply the relevant global health, and international trade and investment law and norms to a range of topical factual scenarios relating to health, so as to reach logical and reasoned conclusions about the rights and obligations of the various state and non-state actors involved
  • Be able to analyse critically and reflect on the role of global health, and trade and investment law actors and institutions in responding to, and resolving, current concerns in global health
  • Be able to appreciate and evaluate the different perspectives on current issues in health found in global health law, and international trade and investment law
  • Be able to be an engaged, knowledgeable and critical participant in debates concerning global health, and international trade and investment laws, norms and institutions
  • Have transmitted knowledge, ideas, analysis and reflections on an issue in global health law and trade and investment law to a specialist legal audience
  • Have undertaken advanced legal research and analysed, reflected and synthesised knowledge, information, concepts and theories to produce a substantial and expert written work on an issue in global health and trade and investment law
  • Have been required to demonstrate the autonomy, judgment, responsibility and accountability expected of an advanced learner of global health and trade and investment law.

Eligibility and requirements

Prerequisites

Melbourne Law Masters Students: None

JD Students: None

Corequisites

None

Non-allowed subjects

Students who have completed any of the below subjects are not permitted to take LAWS90092 Global Health, Trade and Investment Law:

Code Name Teaching period Credit Points
LAWS50109 World Trade Organisation Law 12.5

Recommended background knowledge

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

Core participation requirements

The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.

Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home

Assessment

Description

  • Class participation (10%)
  • 7,500 - 9,000 word research paper (90%) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

Not available in 2019

Time commitment details

136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.

Additional delivery details

This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Further information

Last updated: 3 April 2019