6 points, SCA Band 3, 0.125 EFTSL
Undergraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Not offered in 2017
Topics covered are:
- introduction and history of the GATT/WTO system;
- the nature of disputes and dispute settlement;
- dispute settlement organs of the WTO;
- dispute settlement rules and procedures;
- elements of non-violation complaints and GATT/WTO jurisprudence;
- jurisdiction, standing and essential elements of a claim:
- against whom may a claim be brought?
- the proper complainant
- activities which may be challenged.
- consultations, arbitration and alternative dispute resolution:
- good offices, conciliation and mediation
- establishment of the panel process:
- panel composition
- terms of reference.
- panel functions, process and procedure:
- powers and obligations of panels
- due process and procedure
- timing and urgency
- substantive stages of the panel process
- multiple complaints and joinder
- third party rights
- standard of review
- panel report - recommendations and rulings.
- sources of law and their interpretation;
- evidence, fact finding; burden and standards of proof;
- implementation and remedies;
- appeals and the appellate process:
- appellate Body Jurisdiction
- rights to appeal
- grounds of appeal - Law vs Facts.
- additional dispute settlement provisions - treatment of developing countries.
A candidate who has successfully completed this unit should:
- be familiar with the history and objectives of the GATT and WTO and ongoing negotiations;
- be familiar with the major WTO dispute settlement bodies and their decisions (by ad hoc panels and the appellate body);
- be able to explain the approach of the WTO to evidence and to procedure; and
- understand the key challenges that apply to national import and export behaviour and explain the likely outcomes, through the cases, and other dispute resolution techniques.
Open book examination (3 hours): 75%; assigned seminar presentation: 10%; and short response papers (3 x 400 words each):15%
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
See also Unit timetable information