Handbook

LAWS90095 International Trade and Competition Law

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

This subject has the following teaching availabilities in 2017:

May, Parkville - Taught on campus.Show/hide details
Pre-teaching Period Start 17-Apr-2017
Teaching Period 15-May-2017 to 23-May-2017
Assessment Period End 16-Aug-2017
Last date to Self-Enrol 31-Mar-2017
Census Date 15-May-2017
Last date to Withdraw without fail 07-Jul-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: Successful completion of the below subject:

Subject
Study Period Commencement:
Credit Points:
Summer Term, Semester 2
12.5
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: None
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.

Contact

Lecturer

Mr Hassan Qaqaya, Coordinator

Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au

Subject Overview:

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their linkage with market access opportunities explained.

The subject will include a discussion of failures of the multilateral trading system to address international competition law problems, options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives such as the Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Dr Qaqaya was the head of the United Nations Conference on Trade and Development (UNCTAD) Competition and Consumer Policies Branch for almost 20 years and has an in-depth knowledge and vast practical experience in advising governments in these fields.

Principal topics include:

  • Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
  • Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
  • Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
  • Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
  • The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.
Learning Outcomes:

A student who has successfully completed this subject will:

  • Have a sophisticated capacity to recognise and articulate the foundational assumptions, central ideas, tensions and complementarities of trade and competition policies
  • Be able to draw from relevant theories, principles, and knowledge from a range disciplines to critically analyse the role of trade and competition policies in making markets work to generate prosperity for consumers and businesses
  • Be able to define and analyse at an advanced level the welfare effects of trade and competition policy instruments within a national market as well as regional free trade areas
  • Be able to develop relevant examples and analyse cases in this area and to communicate the significance of trade and competition questions to a range of audiences
  • Be able to discuss the key issues and trends in international cooperation in handling international trade and cross-border competition issues, as well as the past and present attempts to enhance multilateral and regional cooperation in these areas.
Assessment:
  • Class participation (10%)

  • Take-home examination (5,000 - 6,000 words) (90%) (7 - 10 July 2017)
    or
  • 7,500 - 9,000 word research paper (90%) (16 August 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 Competition and Consumer Law
Graduate Diploma in International Economic Law
Graduate Diploma in Legal Studies
Juris Doctor
Master of Commercial Law
Master of Competition and Consumer Law
Master of Laws
Master of Public and International Law

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