Handbook home
International Trade Remedies Law (LAWS90181)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable (login required)(opens in new window)
Contact information
November
Lecturer
James Munro (Coordinator)
Jenya Grigorova
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | November |
---|---|
Fees | Look up fees |
"Trade remedies" – that is, anti-dumping measures, anti-subsidy (or "countervailing") measures, and safeguards – are one of the most dynamic, topical, and commercially-relevant areas of international trade law. They are the primary legal instruments used by States to counteract so-called unfair trade practices from other countries and to protect their domestic industries against external shocks in a globalised world. The World Trade Organization ("WTO") provides a framework of rules for trade remedies, including to engage in thorough investigations, which States carry out under their own domestic frameworks. Hundreds of such investigations are carried out every year. Additionally, States are increasingly innovating with these legal instruments to address not just traditional "unfair" competition, but also new areas such as unequal environmental standards, labour protections they consider weak or ineffective, differences between market-oriented versus State-led economic models, and allegations on currency undervaluation.
This subject examines the international and domestic legal frameworks for the trade remedy legal instruments. It begins with the conceptual background behind trade remedies and examines how their original rationale relates the evolving global economic landscape. It then looks at the WTO rules on dumping, subsidization, and safeguards, as well as the legal concept of injury to domestic industries, and the rules concerning evidence and procedure in trade remedy investigations. Students will explore States' differing perspectives on these rules, including how these differing perspectives have played out in WTO disputes. The subject then considers the interplay between the WTO framework and domestic legal regimes, and introduces some of the key features of major domestic jurisdictions, including recent innovations around differences in environmental regulation, labor protections, and economic models (e.g. industrial policies; "non-market" economies).
Students will frequently encounter diverging economic, policy, and legal perspectives in the field of "trade remedies". A main feature of this subject is to equip students with the knowledge to meaningfully engage with differing perspectives and to form their own views. This is not a subject about "right" answers, but is rather about principles, concepts, and ideas that are continually being adapted to new global economic contexts, and that are often contested by exporters, domestic industries, and States. This subject is suitable both for practitioners looking to build technical expertise and an understanding of the interests and strategies of the varying actors in trade remedy investigations, and for those with a broader interest in understanding the interplay between trade remedy tools and wider trade policies.
Principal topics include:
- The concepts of fair versus "unfair" trade: what is "unfair" trade in theory, how does unfair trade relate to trade liberalization more broadly, and why is unfair trade a source of major tensions in international relations today?
- The framework relating to "unfair" trade under the law of the World Trade Organization ('WTO'): conduct that is prohibited; conduct that can be investigated and counteracted; and the role of litigation in the WTO and domestic legal systems.
- The purpose, operation, and legal principles on the three main legal tools that are available to States to counteract unfair trade and external shocks (anti-dumping measures against dumping; countervailing measures against subsidies; safeguards against external shocks and other events).
- The legal concept of "injury to domestic industry" in counteracting unfair trade practices and external shocks.
- The nature and operation of litigation proceedings at the WTO involving trade remedies.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Identify and analyse which types of conduct involving "unfair" trade can be lawfully counteracted in international economic law
- Critically appraise the framework in which "unfair" trade is regulated in international economic law, including the mechanisms available to States to address unfair trade (investigations; WTO litigation; domestic litigation)
- Apply the key legal tools available to States under the WTO framework to counteract "unfair" trade or external shocks (anti-dumping measures; countervailing measures; safeguards).
- Determine and apply the legal, evidentiary, and procedural steps that must be demonstrated in an investigation before remedial measures can be taken against unfair trade or external shocks.
- Compare and interpret differing economic, policy, and legal perspectives on various trade remedies-related issues, and integrate these perspectives into the descriptive and factual nature of the subject.
Last updated: 29 February 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
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.
Inherent requirements (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
Last updated: 29 February 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Class participation | Throughout the teaching period | 20% |
Take-home examination
| 17 - 20 January 2025 | 80% |
Hurdle requirement: A minimum 75% attendance at classes | Throughout the teaching period | N/A |
Last updated: 29 February 2024
Quotas apply to this subject
Dates & times
- November
Principal coordinator James Munro Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 30 October 2024 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 27 November 2024 to 3 December 2024 Last self-enrol date 4 November 2024 Census date 28 November 2024 Last date to withdraw without fail 20 December 2024 Assessment period ends 20 January 2025 November contact information
Lecturer
James Munro (Coordinator)
Jenya GrigorovaEmail: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 29 February 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available from Melbourne Law School prior to the pre-reaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-masters@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 29 February 2024