Handbook

LAWS90092 Global Health, Trade and Investment Law

Credit Points: 12.5
Level: 9 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2017:

July, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 21-Jun-2017
Teaching Period 19-Jul-2017 to 25-Jul-2017
Assessment Period End 01-Nov-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 19-Jul-2017
Last date to Withdraw without fail 15-Sep-2017

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.



Timetable can be viewed here.
For information about these dates, click here.
Time Commitment: Contact Hours: 24-26 hours
Total Time Commitment:

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.

Prerequisites:

Melbourne Law Masters Students: None

JD Students: None

Corequisites: 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.

Non Allowed Subjects:

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

Core Participation Requirements:

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Subject Overview:

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
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.
Assessment:
  • Class participation (10%)
  • 7,500 - 9,000 word research paper (90%) (1 November 2017) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Prescribed Texts:

Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.

Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Links to further information: law.unimelb.edu.au
Related Course(s): Graduate Diploma in Health and Medical Law
Graduate Diploma in International Economic Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Health and Medical Law
Master of Law and Development
Master of Laws
Master of Public and International Law

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