Introductory description

This course offers a comprehensive overview of the law of international trade. The course will build on the short introduction in the IEL core module and explore international trade governance, addressing both the WTO and FTAs. The WTO is regarded as one of the most successful international organisations governing activities between states because of its dispute settlement system and its broad legal scope, covering different trade-related issues. The module will have a critical and interdisciplinary approach, addressing how law and power are closely related in the international trade realm. In this regard, the course will explore whether the WTO remains relevant in an increasingly globalised world where economic relations typically cover national, transnational, and international law, as well as a multiplicity of economic actors, like states and multinational corporations. It will evaluate the relationship between the deadlock in the WTO and the rise of free trade agreements, discussing the reasons, incentives, and goals countries have when entering bilateral and plurilateral trade partnerships. It will consider topical issues in international trade such as environment and labour standards, trade and development, the rise of emerging economies, digital trade, intellectual property and access to medicines. It will debate possible solutions to current problems.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Week 2: Introduction to the world trading system: historical overview of the international trading system, the World Trade Organisation, key agreements and institutional frameworks of the WTO; the rationale for ‘free trade’.

Week 3: Trade in goods and key WTO principles: the principle of non-discrimination in WTO law; General exceptions; national security exceptions, special and differential treatment. Balances between free trade and national autonomy.

Week 4: Dispute Settlement: the historical development of dispute settlement; the WTO’s dispute settlement process; key beneficiaries of the dispute settlement system; the Appellate Body crisis.

Week 5: The General Agreement on Trade in Services (GATS) and Agreement on Trade-Related Aspects of Intellectual Property Rights; looking at agreements beyond trade in goods and their ramifications for the global trading system.

Week 6: Preferential trade agreements (PTAs) and their impact on the global trading system; The proliferation of preferential trade agreements, types of PTAs, key provisions in PTAs, the rise of mega-regionals. Impact of PTAs on the global trading system

Week 7: Trade and labour: labour issues at the WTO, labour issues in PTAs and unilateral labour measures. Considering the impact of all these measures on workers’ rights and on trade governance.

Week 8: Trade and environment: environmental issues at the WTO, environmental issues in PTAs and unilateral sustainability measures. Considering the impact of all these mechanisms on environmental sustainability and on trade governance.

Week 9: Topical issues in international trade: This could include withdrawal from regional agreements (BREXIT, EU-UK Trade and Cooperation Agreement), digital trade, and others to be decided.

Learning outcomes

By the end of the module, students should be able to:

• Understand both the legal history and the political economy of international trade law.
• Develop a comprehensive understanding of international trade, identifying the role and functions of the WTO and how they may impact domestic policies.
• Apply international trade law to practical situations, using case law to assess the complex issues of trade disputes and the process to settle them.
• Engage in critical debate and analysis of how issues that surpass the legal field, such as political, economic, and social concerns impact the WTO negotiations and dispute settlement system.
• Evaluate the current trade issues and the challenges they pose to international trade law, especially concerning the need to update trade rules to reflect the evolution of the global economy and the rise of new interests and actors.

Interdisciplinary

The discussions touch upon political economy, international relations, and political science issues, benefiting from insights from these areas.

International

This module covers topical international issues, from which students could benefit to start their international careers, undertaking, for example, traineeship programmes at the WTO, the EU, and their respective governments departament for international trade.

Subject specific skills

Understanding of the economic principles and legal institutions that govern the negotiation of regional and international trade agreements. Drafting of international trade agreements and memorials for international trade disputes.

Transferable skills

Transferrable skills for careers in a government agency, international organisation, NGOs, or private practice.