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Campus: Kensington Campus
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Career: Postgraduate
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Units of Credit: 4
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Indicative Contact Hours per Week: 14
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Enrolment Requirements:
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Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
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Description
This course examines the ways in which the law of the World Trade Organisation interacts with environmental protection. Students will become familiar with the relevant WTO agreements and will gain a solid understanding of the principles of WTO law. Disputes which have raised environmental issues before the WTO's Appellate Body are studied in detail. Special attention is given to areas where conflicts have arisen, particularly trade bans for environmental purposes and the application of the "precautionary principle" in WTO law.
The course includes selected aspects of each of the following key areas;
- The historical, legal and commercial contexts of international trade law and international environmental law
- The 1994 Uruguay Round package of agreements and the core principles of WTO law
- The relationship between domestic environmental measures and WTO law
- Close examination of the principal trade-environment disputes which have come before the WTO's dispute settlement system, including the Tuna-Dolphin, Shrimp-Turtle, EC-Hormones and EC-GMOs disputes
- The relationship between WTO law and specific international environmental agreements.
LLM Specialisations
Human Rights and Social Justice; International Law.
Recommended Prior Knowledge
None
Course Objectives
- To explore the theoretical underpinnings, objectives and core principles of WTO law, in order to understand their relationship to and impact upon environmental protection
- To examine the political context in which environmental issues are dealt with in the World Trade Organisation
- To analyse the relationship between the two bodies of public international law (International Environmental Law and International Trade Law), to identify important points of intersection and to consider ways in which they may be interpreted so as to support each other's objectives
Main Topics
- Historical, legal and commercial context
- Core principles of WTO law
- Environmental exceptions under WTO law
- Environmental standards and WTO law
- WTO law and international environmental law
Assessment
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Class participation
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Attendance, preparation and contribution to the class
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10%
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Option 1*
Short answer questions (see Texts & Resources)
Research essay
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Two reflection questions, 500 words each (max.)
3,500 - 4,500 words
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10%
80%
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Option 2*
Research essay
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4,000 - 5,000 words
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90%
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* This assessment is maximizable - students will automatically be given the higher mark of the two options (see Texts & Resources for Reading Guide and Short Answer Questions)
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Course Texts
Prescribed
Course Materials must be purchased from the UNSW Bookshop. Additional materials will be distributed during classes. Recommended
Refer to course mateials. |
