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1 Course Syllabus – International Trade Law / Dr Dao Gia Phuc UNIVERSITY OF ECONOMICS AND LAW, VNU HCM FACULTY OF ECONOMIC LAW COURSE SYLLABUS INTERNATIONAL TRADE LAW (2 credits) School year 2022 – 20[.]
UNIVERSITY OF ECONOMICS AND LAW, VNU-HCM FACULTY OF ECONOMIC LAW -COURSE SYLLABUS INTERNATIONAL TRADE LAW (2 credits) School year 2022 – 2023 Lecturer: Dr Dao Gia Phuc Course description: This course will introduce students to the fundamental legal principles incorporated with World Trade Organization (WTO), the principal organization governing the laws, which relate to the flow of goods and services across international borders and around the world, and other 21st-century preferential trade agreements (PTAs) It will explore the main agreements of the WTO and legal texts of PTAs, examine how they work, explain their economic purposes and address some of the key controversies, notably the conflict between Member States sovereignty and international obligations as embodied by the WTO and PTAs framework It will also consider some of the leading cases brought through the WTO Dispute Settlement System as well as academic debates concerning the WTO and its future roles in global governance in light of the rise of regionalism and emerging threats of protectionism Learning materials could be found on UEL eLearning platform Each class will have one assigned teaching assistant, who will guide the students in tutorial sessions Schedule for these sessions will be discussed and agreed between the students and teaching assistant By the end of this course, students are expected to: − Develop a sound understanding of the fundamental legal framework underpinning global trade − Learn how to use a range of resources and tools in researching issues in topical categories − Develop legal research, oral and written skills Course materials: Compulsory reading: Students have to read these course materials prior to each class a Peter Van den Bossche and Werner Zdouc (2021), The Law and Policy of the World Trade Organization (5th edn.), Cambridge University Press (available at UEL library) = “Bossche” b Peter Van Den Bossche and Nguyen Van Tuan (2008), WTO Law in a Nutshell, National Political Publishing House, Ha Noi (English – Vietnamese version, sent by email) = “Nutshell” c Simon Lester, Bryan Mercurio and Arwel Davies (2018), World Trade Law: Text, Materials and Commentary (3rd edn.), Hart Publishing, Oxford and Portland, Oregon (available at UEL library) = “Lester” Course Syllabus – International Trade Law / Dr Dao Gia Phuc d Mai Hong Quy and Tran Viet Dung (2013), International Trade Law Textbook – Book I, Hong Duc Hoi Luat Gia Viet Nam Publishing House, Ho Chi Minh City (Vietnamese version, available at UEL library) = “ITL” e Hanoi Law University (2012), Textbook on International Trade and Business Law, The People’s Publish Security Publishing House, Ha Noi (English – Vietnamese version, sent by email) = “Textbook” f Stefano Inama (2015), The Foundation of the ASEAN Economic Community, Cambridge University Press (available at UEL library) = “ASEAN” g Supplemental materials (UEL eLearning system or email) h Vietnamese version of basic WTO agreements can be accessed at http://trungtamwto.vn/wto/van-kien Supplementary reading: a P Matsushita, Mitsuo; Schoenbaum, Thomas J.; Mavroidis, Petros C.; and Hahn, Michael, (2015), The World Trade Organization: Law, Practice, and Policy, Oxford University Press = “Matsushita” b Mai Hong Quy and Le Thi Anh Nguyet (2012), World Trade Organization Law – Case Summaries and Comments, Hong Duc Publishing House, Ha Noi (Vietnamese version) = “Case Summaries” c HCMC University of Law (2010), WTO Trade Dispute Settlement: Summaries of Some Cases and Important Reports, Laobour – Society Publishing House (Vietnamese version) = “Dispute Summaries” Website: www.wto.org : WTO official website, provides the widest overview on every related information on WTO and International Trade Law, multilateral and plurilateral agreements, case laws, reference books in English, online courses, assignments and exams on WTO http://trungtamwto.vn : The Vietnamese version of WTO official website managed by the Ministry of Industry and Trade, provides articles, researches on International Trade Law relating to Viet Nam which includes Vietnamese translated version of agreements (because these are not legally valid translations so there are a lot of translation mistakes and must be carefully compared with the original texts when used) https://jeanmonnetprogram.org/resources/the-law-of-the-world-trade-organization-through-thecases/teaching-materials/: A course on International Trade Law of New York University including materials and case laws separated into corresponding lessons www.worldtradelaw.net: Specialized information on WTO (some contents are charged) https://worldtradelaw.typepad.com/: Information and forum on International Trade Law (free access) Evaluation − Group Performance: • 25% The performance will be evaluated based on pre-class preparations, class activities, and homeworks weekly Each team must have members Teams with more than members will not be accepted Course Syllabus – International Trade Law / Dr Dao Gia Phuc • − Papers will be submitted on LMS system weekly Assessment task 1: • 25% This is an individual assignment in the form of a case note (or case brief) Students will be provided an actual judgement (usually a shortened version) and required to write a note about the case A case note is a critical analysis of a court’s judgment • Papers will be submitted on LMS system Case brief marking rubric for Assessment task 1: Case Brief Outstanding (80100%) Superior (70-79%) Good (60-69%) The case brief The case brief The case brief accurately and accurately identifies identifies all legal Identific succinctly identifies all legal issues issues addressed by ation of all legal issues addressed by the the tribunal the legal addressed by the tribunal issues tribunal points Analysis of the judge's applicati on of the legal rules There is a clear distinction between crucial and subordinate (less important) legal issues Clear and persuasive discussion of the tribunal’s application of the legal rules Identifies and discusses relevant issues considered by the tribunal Satisfactory (5059%) Failure (Below 50%) The case brief identifies most legal issues addressed by the tribunal The case brief does not accurately identify the legal issues that were examined by the tribunal There is some distinction between crucial and subordinate (less important) legal issues Clear discussion of the tribunal’s application of the legal rules Clear discussion of the tribunal’s application of the legal rules Evidence of some analysis of the tribunal’s ruling Little or no evidence of analysis of the tribunal’s ruling Identifies and discusses relevant issues considered by the tribunal Identifies some issues considered by the tribunal Some discussion of the tribunal’s application of the legal rules No discussion of whether the tribunal’s application of the legal rules is logical and convincing points Presents a convincing and thoughtful personal position on Presents a convincing personal position on the tribunal’s determination Attempts to present a personal position on the tribunal’s determination Identifies relevant considered tribunals some issues by the the tribunal’s determination Structur e of the All parts of the case brief follow the template All parts of the case brief follow the template All parts of the case brief follow the template Most parts of the brief follow the template Course Syllabus – International Trade Law / Dr Dao Gia Phuc The case brief is disorganised and does not follow the template case brief point Analysis is logically connected with transitions that are easy to navigate A meaningful introduction and conclusion are included Appropr iateness of Referenc ing, English and Legal language point − Analysis is logically connected with transitions A meaningful introduction and conclusion are included Adequate introduction and conclusion are included Introduction and conclusion are absent or insufficient A meaningful introduction and conclusion are included All referencing is used correctly All referencing is used correctly All referencing is used correctly Most referencing is used correctly Inadequate or incorrect referencing Language is consistently accurate Writing is clear, fluent and engaging, forming a personal and unique style of writing Language is consistently accurate Writing is clear, fluent and engaging Language is used accurately with only minor errors Most language used is accurate Numerous errors Legal language is mostly appropriate Legal language not used or used inappropriately Legal language is used consistently and appropriately Legal language is used consistently and appropriately Assessment task 2: • Analysis is logically connected Legal language is used appropriately language 50% This is an individual assignment in the form of a legal memorandum Students must follow the IRAC method to solve the assigned legal problems • Papers will be submitted on LMS system IRAC marking rubric for Assessment task 2: IRAC Outstanding (80100%) Superior (70-79%) All legal issues are All relevant legal identified including issues are identified ISSUES & RULES a clear distinction including some between crucial and distinction between subordinate (less crucial and important) legal subordinate (less Identification of issues important) legal the legal issues issues and legal rules Good (60-69%) Satisfactory (5059%) Failure (Below 50%) All relevant legal issues are identified including the majority of hidden legal issues Issues statements are all accurate All obvious legal issues are identified Issues statements are mostly accurate Inadequate or incorrect identification of the legal issues and legal rules Course Syllabus – International Trade Law / Dr Dao Gia Phuc points Please note that if students miss an issue, they not only miss the credit given to the identification of the issue, but also miss the credit for the application and conclusion on that missing issue APPLICATION Application of the relevant legal rules to the facts of the case to solve the legal issues points CONCLUSION All legal rules are clearly identified and clearly explained Accurate, convincing and comprehensive analysis as to how the rules can be applied to the facts of the case to solve the legal issues All relevant legal rules are identified All legal rules are identified and explained Most legal identified relevant rules are Accurate and convincing analysis as to how the rules can be applied to the facts of the case to solve the legal issues Mostly accurate and convincing analysis as to how the rules can be applied to the facts of the case to solve the legal issues Some detail as to how the rules can be applied to the facts of the case to solve the legal issues There is little or no analysis as to how the rules can be applied to the facts of the case to solve the legal issues Conclusion on all of the legal issues is clear, convincing and strongly supported by the arguments in the application Conclusion on all of the legal issues is clear and supported by the arguments in the application Conclusion on most of the legal issues is clear and mostly supported by the arguments in the application Conclusion is absent, incomplete or contradictory Most referencing is used correctly Inadequate incorrect referencing Clear explanation as to why a legal rule applies or does not apply to the given factual problem Conclusion on all of the legal issues is clear, convincing and strongly supported by the arguments in the application Relevance of the conclusion point REFERENCING & LANGUAGE Appropriateness of Referencing, Clear justification on why alternative conclusions were not reached Some discussion on why alternative conclusions were not reached All referencing in text and footnotes is used correctly All referencing in text and footnotes is used correctly All referencing in text and footnotes is used correctly English language including spelling English language including spelling English language including spelling Most language used is accurate Course Syllabus – International Trade Law / Dr Dao Gia Phuc or Numerous language errors English, Legal language and writing techniques point and grammar used is accurate Writing is clear, fluent and engaging, forming a personal and unique style of writing Legal language is used consistently and appropriately and grammar used is accurate Writing is clear, fluent and engaging Legal language is used consistently and appropriately and grammar used is accurate Writing is clear and fluent Legal language is used appropriately Most legal language is used appropriately Legal language not used or used inappropriately Class Policies − Students highly encouraged to ask their questions or make comments in lectorial and tutorial sessions − Students are to be punctual at every class meeting Students are permitted no more than 03 absences during the course Coming late by 15 minutes at the beginning of the class, coming late by minutes after the break, or leaving prior to the scheduled end time without the permission of the lecturer will equate to an absence The students will receive a failure course grade if the 3-absence rule is violated − Assignments are expected to be completed within the stated time frame No late assignments will be accepted unless prior authorization granted by the lecturer Course schedule: (may be changed in accordance with the decisions of the Lecturer) Subject Legal Reasoning, Analysis, and Writing Compulsory reading Supplemental materials (UEL eLearning system or email) Bossche p.4-26, 74-155 Economic Globalization, the Necessity of Supplementary reading Lester p.3-50, 55-109 Nutshell p.17-18 International Trade Law, and An Overview of the World Trade Organization ITL p.22-40, p.45-50 Textbook p.545-554, 577583, 751-825 WTO Dispute Settlement Mechanism Bossche p 156-311 Lester p 708-720 Course Syllabus – International Trade Law / Dr Dao Gia Phuc Nutshell p.127-135, 19-24, 156-311 ITL p.50-96, 163-170, 156311 Textbook p.583-590, 735746, 708-720 Bossche p.418-541 Lester p.221-258 Nutshell p.47-58 Market Access ITL p.170-199 Textbook p.609-617, 751-823 Non-discrimination Principles: Bossche p.315-330 Lester p.309-325 Nutshell p.25-32 Case Summaries p.108- ITL p.100-115 Most-Favoured Nation Textbook p.591-598 Non-discrimination Principles: Dispute Summaries p.187- 233 Bossche p 349-382 Lester p 265-306 Nutshell p 37-44 Case Summaries p 247- ITL p 116-138 National Treatment 144, 145-157, Textbook p 598-608 Bossche p.648-672 278, 298-328, 145-157 Dispute Summaries p 17- 46 Lester Chapter Regional Economic Integration: • Article XXIV of the GATT • ASEAN Economic Community • 21st century FTAs: Textbook p.303-334 ASEAN p.19-35 CPTPP, Supplemental materials (UEL EVFTA eLearning system or email) Exceptions: Article XX and XXI of the Bossche p.543-581 Lester p.363-415 GATT 1994 Course Syllabus – International Trade Law / Dr Dao Gia Phuc Nutshell p.81-92 Textbook p.720-729 Trade in Services (GATS) Case Summaries p.145- 157, 279-297 Bossche p.335-336, 403-406 Lester p.635-667 Nutshell p.32-38, 44-46, 59- Case Summaries p.108- 63, 93-99 144 ITL p.232-275 Textbook p.669-685 Academic Integrity Students are responsible for conducting themselves with honor and integrity in fulfilling course requirements Any student caught: − Cheating on an exam/assignment − Collaborating with others on work to be presented, if contrary to the stated rules of the course − Submitting, if contrary to the rules of the course, work previously submitted in another course − Knowingly and intentionally assisting another student in any of the above actions, including assistance in an arrangement whereby work, classroom performance, examination, or other activity is submitted or performed by a person other than the student under whose name the work is submitted or performed − Plagiarising: (i) Copy completely or partly from the text translated by translation tool such as Google translation, etc (ii) Copy words or ideas without citing source and author’s name (iii) Do not use quotation marks for direct citation (iv) Cite the wrong source (v) Change the wording but keep the sentence structure without citing author’s name (vi) Copy too many words or ideas that make up the most of personal work, regardless of whether source and author’s name are cited First violation will result in a grade ZERO (0%) for that assignment Second violation will result in a failure course grade Written assignments will be randomly checked by the lecturer with Turnitin.com, an online plagiarismchecking tool Furthermore, your reference to support your statements must be from a reliable source, such as, textbooks, supplemental reading material, and reference books However, many websites are not reliable sources Examples are Wikipedia.org, about.com, and ask.com If you are not sure if a reference is acceptable or not, please consult with the lecturer Course Syllabus – International Trade Law / Dr Dao Gia Phuc