WTO law 2TC

HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW APPROVAL OF PRINCIPAL (FOR HLU INTERNAL USE ONLY) HÀ NỘI - 2022 Program: Course: Credit points: Type of the course: Bachelor of Laws (High Quality Training Program) WTO Law 02 Elective INFORMATION OF LECTURERS 1.1 Lecturers No Name Ngo Trong Quan Nguyen Ba Binh Nguyen Thi Anh Tho Nguyen Mai Linh Doan Thanh Huyen Ha Thi Phuong Tra Nguyen Huu Huyen Nguyen Thi Nhung Ho Thuy Ngoc Nguyen 10 Ngoc Ha Title LL.M Assoc Prof LL.M LL.M Email ngotrongquancbg@gmail.com nguyenbabinh@hotmail.com nguyenanhtho0102@yahoo.com mailinhnguyen110@gmail.com LL.M Tel 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 amelia.doan@gmail.com LL.M tra.law.vn@gmail.com 04.37731787 Ph.D pltmdpdtqt@gmail.com 04.37731787 LL.M pltmdpdtqt@gmail.com 04.37731787 Assoc Prof Ph.D pltmdpdtqt@gmail.com 04.37731787 pltmdpdtqt@gmail.com 04.37731787 Vu Kim Ngan Pham Minh 12 Duc 11 Ph.D pltmdpdtqt@gmail.com 04.37731787 LL.M pltmdpdtqt@gmail.com 04.37731787 1.2 Assistants No Name Le Dinh Quyet Do Thu Huong Title LL.M LL.M Email pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com Tel 04.37731787 04.37731787 Office of Department of Multilateral Trade and International Investment Law Room A1401, Building A, Hanoi Law University No 87, Nguyen Chi Thanh Street, Dong Da, Ha Noi Working hours: 8h00 – 17h00 everyday (except for Saturday, Sunday, and holidays) PREREQUISITE COURSES - Basic Legal English (CLC.ĐB09) - Public International Law (CLC.CB20) - International Trade and Business Law (CLC.CB23) SUMMARY OF THE COURSE This course provides students with knowledge and critical understanding of the regulatory framework underpinning the multilateral trading system, covering both the institutional and substantive law of the World Trade Organisation (WTO), which has played a central role in promoting and regulating international trade relations since its establishment on January 1995 Through this course, students will explore WTO rules and jurisprudence in the following topics: 1) Overview of the WTO Law; 2) Basic principles and exceptions of WTO Law; 3) The WTO Agreements as a main source of the WTO Law; 4) Other sources of the WTO Law; and 5) Relationship between the WTO Law and national law CONTENTS OF THE COURSE Issue Overview of the WTO Law 1.1 History 1.2 Membership 1.3 Institutional Structure 1.4 Decision-making Procedures 1.5 Developing Countries in WTO Law 1.6 Regional Trade Agreements in WTO Law Issue Basic principles of the WTO Law and Exceptions 2.1 Reminding basic principles 2.2 Exceptions Issue The WTO Agreements - Main source of the WTO Law 3.1 Overview of WTO agreements within the Uruguay Round 3.2 Overview of WTO agreements after the Uruguay Round Issue Other sources of the WTO Law 4.1 Reports of the WTO’s dispute settlement body 4.2 International customs 4.3 Others Issue Relationship between the WTO Law and national law 5.1 Traditional theories on the relationship between the WTO law and national law 5.2 Three ways to implement the WTO commitments in the national legal order OUTPUT STANDARDS OF THE COURSE AND MAPPING WITH THE OUTPUT STANDARDS OF THE TRAINING PROGRAM 5.1 The Course Learning Outcomes (CLOs)  Knowledge K1 Understand the history, functions and structure of the WTO and its relationship with FTAs; K2 Understand and apply the fundamental principles of the WTO; K3 Analyse the caselaw of WTO in trade in goods and trade in services; K4 Identify the different sources of WTO law; K5 Understand how to implement the WTO accession commitments in the national legal order; K6 Analyse legal issues in trade relations among the WTO members; K7 Applying substantive and procedural principles of WTO law to explain the specific situations in trade relations among the WTO members; K8 Apply legal English in the area of international trade law  Skills S9 Search for and update international trade agreements and case law; S10 Conduct research on international trade law and WTO dispute settlement; S11 Design and deliver a presentation on WTO law; S12 Work independently and collaboratively with other students to prepare a research paper; S13 Develop arguments and critical thinking to solve practical situations in international trade law  Self-control ability and self-responsibility T14 Be confident, willing to acquire new knowledge and open to different viewpoints in the field; T15 Develop a sense of honesty, striving for progress and protection of justice; T16 Develop a sense of respect and compliance with the law; T17 Develop professional working ethics 5.2 The matrix demonstrating the compatibility of the CLOs with the TPLOs The ability The Knowledge LOs of the LOs of the The Skill LOs of the training program Course training Learning training program program Outcomes K8 K1 K1 S S S S S S S S3 T T T3 17 18 25 26 27 28 30 32 33 K1 K2 K3 K4             K5 K6 K7 K8 S9 S10 S11 S12 S13 T14 T15 T16 T17                                                                 LEARNING OBJECTIVES 6.1 Detailed learning objectives Obj Issue Overview of the WTO Law Level Level Level 1A1 Introducing the history of the WTO 1A2 Introducing the purpose and functions of the WTO 1A3 Introducing the structure of the WTO 1A4 Presenting the terms and conditions of entry for the applicant government in WTO 1A5 Listing the legal provisions governing the relationship between the WTO and FTAs 1B1 Analysing the historical background of the WTO 1B2 Analysing the relationship among WTO's agencies 1B3 Analysing the relationship between the WTO and other international organizations 1B4 Analysing 1C1 Giving comments on the position and role of the WTO in the developmen t of international trade 1C2 Giving comments on the participation of 1A6 Presenting the the legal benefits for developing relationship countries in WTO law between the WTO and FTAs 2A1 Presenting content 2B1 Analysing Basic and exceptions of the the impact of the Principles principle: “MFN” MFN and NT of the 2A2 Presenting content principles on WTO Law and exceptions of the trade principle: “NT” liberalization 2A3 Presenting content among WTO and exceptions of the members principle: “Freer trade: 2B2 Explaining gradually, through the conditions to negotiation” apply 2A4 Presenting content of exceptions the principle 2B3 Applying “Predictability: through the exceptions binding and transparency” for basic 2A5 Presenting content of principles to the principle “Promoting solve specific fair competition” case studies 2A6 Presenting content of the principle “Encouraging development and economic reform” 3A1 Introducing the 3B1 Analysing The WTO system of WTO how WTO Agreement agreements within the agreements are s - Main Uruguay Round and after applied in a Source of the Uruguay Round specific trade the WTO 3A2 Describing the WTO dispute Law Agreements on Trade in 3B2 Applying Goods the WTO developing countries in WTO 2C1 Giving comments on the role of basic principles for international trade of the WTO members 3C1 Giving com ment s on the WT O Agre Other Sources of the WTO Law Relationsh ip between the WTO Law and national law 3A3 Presenting the basic contents of the GATT Agreement 3A4 Presenting the basic contents of the GATS Agreement 3A5 Presenting the basic contents of the TRIPs Agreement 4A1 Presenting the name and basic content of three reports of the WTO Dispute Settlement Body 4A2 Describing the structure of a Report of the WTO Dispute Settlement Body 4A3 Listing and giving examples of other sources of WTO law agreements as a source of law to solve specific case studies 5A1 Presenting content of the traditional theories on the relationship between the WTO law and national law 5A2 Presenting three ways to implement the WTO commitments in the national legal order 5B1 Analysing content of the traditional theories on the relationship between the WTO law and national law 5B2 Analyzing three ways to implement the 4B1 Analysing a report of the WTO Dispute Settlement Body 4B2 Analysing the content and value of other sources of WTO law eme nts 4C1 Giving comments on the application of other sources of WTO law 4C2 Giving comments on the relationship among the sources of WTO law 5C1 Giving comments on how to implement WTO commitment s in practice WTO commitments in the national legal order 6.2 Total learning objectives Objectives Issue Issue Issue Issue Issue Issue Total Level Level Level Total 6 22 2 13 1 12 10 42 THE MATRIX DEMONSTRATING THE COMPATIBILITY OF THE DETAILED LEARNING OBJECTIVES WITH CLOs Knowledge Objective K1 1A1 1A2 1A3 1A4 1A5 1A6 1B1 1B2 1B3 1B4 1C1 1C2 2A1 2A2 K2 K3 K4 K5 Skills Ability K6 K7 K8 S9 S10 S11 S12 S13 T14 T15 T16 T17                                                                                                                                                                                         Knowledge Objective K1 2A3 2A4 2A5 2A6 2B1 2B2 2B3 2C1 3A1 3A2 3A3 3A4 3A5 3B1 3B2 3C1 4A1 4A2 4A3 4B1 4B2 4C1 4C2 5A1 5A2 5B1 5B2 5C1 K2 K3  K4 K5 Skills Ability K6 K7 K8 S9                                                                                                                                                                                                            S10 S11 S12 S13 T14 T15 T16 T17                                                                                                                                                                         MATERIALS 8.1 Compulsory Readings: Hanoi Law University, Textbook on International Trade and Business Law, Youth Publishing House, Hanoi, 2017, 10 http://pltmqt.hlu.edu.vn/SubNews/Details/17087 8.2 Recommended Materials: * Books Craig VanGrasstek, The History and Future of the World Trade Organization, 2013, https://www.wto.org/english/res_e/publications_e/historyandfuturewto_e.ht m Daniel C.K Chow, Thomas J Schoenbaum, International Trade Law: Problems, Cases, and Materials, Wolters Kluwer Law & Business/Aspen Publishers, 2008 Daniel Bethlehem et al., The Oxford Handbook of International Trade Law, Oxford University Press, 2009 Erich Vranes, Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory, Oxford University Press, 2009 Henrik Horn and Petros C Mavroidis, Legal and Economic Principles of World Trade Law, Cambridge University Press, 2013 John H Jackson, The World Trading System, Law and Policy of International Economic Relations, 2nd edition, 1997 Jürgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge University Press, 2016 Manfred Elsig, Bernard Hoekman, Joost Pauwelyn, Assessing the World Trade Organization: Fit for Purpose, Cambridge University Press, 2017 Michael J Trebilcock and Robert Howse, The Regulation of International Trade, 3rd edition, Routledge, 2005 10 Nellie Munin, Legal Guide To GATS, Kluwer Law International, 2010 11 Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade Organization: Text, Cases and Materials, Cambridge University Press, 2022 12 Pierre Sauvé, Research Handbook on Trade in Services, Edward Elgar Publishing, 2016 11 13 Raj Bhala, International Trade Law - Interdisciplinary Theory and Practice, LexisNexis Publisher, Third Edition, 2006 14 Simon Lester, Bryan Mercurio, Arwel Davies, World Trade Law: Text, Materials, and Commentary, Third Edition, Hart Publishing, 2018 15 Simon Lester, Bryan Mercurio, Lorand Bartels, Bilateral and regional trade agreements: commentary and analysis, Cambridge University Press, 2015 16 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic Law, Edward Elgar Publishing, 2017 17 UNCTAD, Course on Dispute Settlement, https://unctad.org/publications-search?f[0]=product%3A694 18 WTO, Understanding the World Trade Organization, Fifth Edition, 2015, https://www.wto.org/english/thewto_e/whatis_e/tif_e/understanding_e.pdf 19 WTO, Status of WTO Legal Instruments, 2021 edition, https://www.wto.org/english/res_e/booksp_e/wto_legal_instruments_2021_ e.pdf 20 WTO, WTO Dispute Settlement: One-Page Case Summaries (19952020), 2021 edition, https://www.wto.org/english/res_e/publications_e/dispu_settlement_e.htm 21 WTO, WTO Analytical Index: Guide to WTO Law and Practice, https://www.wto.org/english/res_e/publications_e/ai17_e/ai17_e.htm * Others WTO, Report of the Working Party on the Accession of Viet Nam and Viet Nam’s WTO Commitments, https://www.wto.org/english/thewto_e/acc_e/a1_vietnam_e.htm WTO Secretariat, Trade Policy Review: Vietnam, 2021, https://www.wto.org/english/tratop_e/tpr_e/tp510_e.htm 8.3 Websites http://www.wto.org http://trungtamwto.vn http://chongbanphagia.vn 12 http://www.mofa.gov.vn http://www.moit.gov.vn TEACHING – LEARNING FORMS 9.1 General Schedule Week Teaching-learning forms Group SelfUnit LectureSeminar Assessment work study Total Receiving Assignments 3 2 (0) (4) (4) (2) (2) (2) (3) (3) (3) 4 (4) (2) (3) 5 (4) (2) (3) Total hours 12 16 10 15 53 Credit hours 12 5 30 Submitting Teamwork Assignment 9.2 Detailed Schedule WEEK – ISSUE Teaching – Credit Learning hours form Lecture Lecture 2 Group Main contents - Introduction of the Course - Overview of the WTO and WTO Law (History, Institutional Structure, Membership, DecisionMaking) - Regional Trade Agreements in WTO Law - Developing Countries in WTO Law - Formation of teams Requirements for students’ preparation - Reading the Course Outline - Reading: + Hanoi Law University, Textbook on International Trade and Business Law, Youth Publishing House, Hanoi, 2017, Chapter Two, Section One and Eight - Reading the materials and 13 the teamwork assignments - Discussion of teamwork - Outlining the discussion work assignments and allocation contents of tasks - Reviewing the lecture notes - The participation of developing countries in the - Reading the materials and Self WTO study cases cited in textbook - Current challenges facing the WTO - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 16:20 to 17:20 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar 1 Seminar Group work Main contents Requirements for students’ preparation - Reading: + Hanoi Law University, Textbook Basic Principles of on International Trade and WTO Law and Business Law, Youth Publishing Exceptions House, Hanoi, 2017, Chapter Two, Section Two and Seven Case study on MFN and NT - Reading Textbook and lecture Case study on GATT notes Article XX and - Questions given by lecturer GATS Article XIV - Discussion of - Reading the materials and cases teamwork - Outlining the discussion contents assignment - Reviewing the lecture notes 14 - Discussion of the lecture content Vietnam’s commitments in - Reading the materials and cases Self study GATS and recent cited in textbook FTAs - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 16:20 to 17:20 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Seminar 1 Seminar Group work Self study 1 Main contents Requirements for students’ preparation - Reading: The WTO + Hanoi Law University, Textbook Agreements - Main on International Trade and Source of WTO Law Business Law, Youth Publishing House, Hanoi, 2017, Chapter Two, Section Three to Six Case study on TBT and SPS - Reading Textbook and lecture Case study on Trade notes - Questions given by lecturer Remedies (ADA/SCM/SG) Discussion of - Reading the materials and cases teamwork assignment - Outlining the discussion contents - Discussion of the - Reviewing the lecture notes lecture content - Other Trade in - Reading the materials and cases Good Agreements cited in textbook The TRIPS 15 Agreement - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 16:20 to 17:20 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Main contents Requirements for students’ preparation - Reading: + Hanoi Law University, Other Sources of WTO Textbook on International Law Trade and Business Law, Youth Publishing House, Hanoi, 2017, Chapter One, Section Two Case study on other Seminar 1 sources of law in WTO - Reading Textbook and lecture dispute settlement notes Case study (Continued) - Questions given by lecturer Seminar * Submitting Teamwork Assignment Group - Reading the materials and Discussion of work cases teamwork assignment - Outlining the discussion - Discussion of the contents lecture - Reviewing the lecture notes Self Applicable laws in - Reading the materials and study WTO dispute settlement cases cited in textbook Tutoring - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 16:20 to 17:20 Monday every week 16 - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Teaching – Credit Learning hours form Lecture Main contents Requirements for students’ preparation - Reading: + Hanoi Law University, Relationship between Textbook on International WTO Law and national Trade and Business Law, law Youth Publishing House, Hanoi, 2017, Chapter Two, Section Eight Implementation of WTO Law in the domestic legal Seminar 1 - Reading Textbook and system in EU, US and lecture notes Vietnam - Questions given by lecturer Presentation of Teamwork Seminar Assignment Group - Reading the materials and work - Discussion of teamwork cases assignment - Outlining the discussion - Discussion of the lecture contents - Reviewing the lecture notes Self Theories on the study relationship between - Reading the materials in international law and textbook domestic law - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course Tutoring - Time: From 16:20 to 17:20 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 17 10 POLICIES OF THE COURSE - Course delivery is in accordance with the University’s regulations - Assignments must be submitted by the deadline - Plagiarism in any forms will result in FAIL for the related academic work - Cheating on any exam also results in FAIL to the student who commits the cheating and to the person who allows others to copy his/her work - No excuses for the ignorance of the guidelines for academic works set by Hanoi Law University 11 ASSESSMENT METHODS 11.1 Regular assessment - Inspections: Students participate in 75% or more of the prescribed hours for each theory or seminar part - Participation in seminars and team assignment 11.2 Periodical assessment Type of assignment Assessing knowledge and attitudes to participate in seminar 01 Teamwork Assignment Final Exam Weight 10% 30% 60% 11.3 Assessment criteria  Assessment of understanding and in-class contributions - Assessing knowledge: Self-study and understand the lesson (1-7 mark) - Attitudes to participate in seminar: negative/ positive (1-3 mark) - Total: 10 mark  Teamwork assignment - Format: Essay - Content: Issues covered in the course - Assessment criteria:  Understanding of relevant law and legal policy  Critical and analytical response to the topic  Structure and organisation of ideas 18  References to, and engagement with, relevant primary legal and secondary scholarly sources  Written expression, including use of legal terminology, proofreading, grammar, and punctuation - General requirements on assignments  Referencing style: Follow the University’s guidelines on citations and bibliography (pp 5-9, Annex 2), available at http://dt.hlu.edu.vn/SubNews/Details/17989 Plagiarism in any form is strictly penalized  Formatting style: Paper Size: A4, Font: Times New Roman, Size: 13, Margins: Top 2cm, Bottom 2cm, Left 3cm, Right 2cm, Line Spacing: Multiple at 1.3, Spacing: Before 6pt, After 6pt  Final examination - Condition to participate in the final exam: + Students participate in 75% or more of the prescribed hours for each theory or seminar part + Team assignment or individual exam must be greater than - Format: 100% multiple-choice questions - Content: All issues given in class and other self-studied issues, including all learning objectives listed in Section of this Outline - Assessment criteria: In accordance with the detailed answers given by lecturers LEADER OF SUBJECT 19 TABLE OF CONTENTS 10 11 Information of lecturers Prerequisite courses Summary of the course Content of the course Output standards of the course Learning objectives The matrix learning objectives with CLOs Materials Teaching – learning forms Policies of the course Assessment methods Page 3 4 11 13 18 18 20 ... explore WTO rules and jurisprudence in the following topics: 1) Overview of the WTO Law; 2) Basic principles and exceptions of WTO Law; 3) The WTO Agreements as a main source of the WTO Law; 4)... of the WTO Law; 4) Other sources of the WTO Law; and 5) Relationship between the WTO Law and national law CONTENTS OF THE COURSE Issue Overview of the WTO Law 1.1 History 1.2 Membership 1.3 Institutional... Developing Countries in WTO Law 1.6 Regional Trade Agreements in WTO Law Issue Basic principles of the WTO Law and Exceptions 2.1 Reminding basic principles 2.2 Exceptions Issue The WTO Agreements -