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Environmental Issues in the World Trade Organisation - LAWS8288
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 1
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

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; International Business & Economic 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

Class Participation (Preparation & engagement in class) 10%

Short Answer Questions 20%

Research Essay (3,500 - 4.500 words) 70%

Course Texts

Prescribed
Course Materials must be purchased from the UNSW Bookshop. Additional materials will be distributed during classes.

Recommended
Refer to course mateials.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.