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World Trade Organization


Semesterangivelse: Forårs kursus Kurset udbydes i skemagruppe A2

 


Udgave: Jura Kandidatuddannelsen 2012/2013
ECTS points: 10 ECTS
Punkter: 10 ECTS = 1/6 årsværk
Skemagruppe: A2

Semester:

Spring 2013
Uddannelsesdel: Kandidat niveau
Kontaktpersoner: Fagansvarlig: Laura Nielsen
Andre undervisere: Associate professor, ph.d LLM, Laura Nielsen
Skema- oplysninger:  Vis skema for kurset
Samlet oversigt over tid og sted for alle kurser inden for Lektionsplan for Det Jurdiske Fakultet (kandidat) Jura Kandidatuddannelsen 2012/2013
Undervisnings- periode:
Thursday 13-15 and tuesday 10-12 In even-numbered weeks
1. Day: Thursday 7. february 2013
Formål: The objective of this course is to provide the students with a basic understanding of the law and policy of the WTO (World Trade Organization) as well as the law and policy of international trade relating to other agreements (such as regional or sectoral agreements).
The WTO covers more than 90% of world trade – and not only governs trade in goods, but also trade in services and intellectual property. The WTO is also a controversial organization that is often blamed for marginalizing developing countries, being against the environment – and many other things. The course will address some of the political issues/claims – as well as give the students an overview of the current negotiations under the Doha Mandate.
In recent years focus has, however, changed towards the proliferation of free trade agreements countries have entered into whilst the Doha Development Round of WTO negotiations are deadlocked. The course will address some of these newer initiatives such as key free trade agreements, the Trans-Pacific Partnership and International Services Agreement.
Indhold: The topics covered are generally:
• Trade and Economic Policy
• Institutional Framework
• Dispute Settlement Mechanism
• MFN, Tariff Bindings, National Treatment and Non-Tariff Barriers
• Trade and Development Issues
• Trade and Environment Issues
• Regionalism, sectoral agreements (such as the ISA)
• National Security and Trade Sanctions
• Safeguards, Dumping and Subsidies
• Technical Barriers to Trade
• SPS-Measures
• Agriculture
• TRIPS (and health)
• TRIMS
• Services

BUT each year we chose a theme for 2-4 classes, which may lead to that certain of the above topics will not be covered. The themes can be environment, human rights, climate change, fisheries subsidies, etc. WE always "play" some cases in moot court style exercises, which the students have a lot of fun with and learn a lot from because it is very active learning. We do not have presentations by students at the black board but only group exercises. We try to speak the language that is spoken in the WTO and use the correct terminology. We try to make all lessons interactive and fun classes and keep the lecturing by the teacher very limited. We try to take up "real" questions in groups instead of lecturing. We usually have a guest from the “real world”.
Previous guests include former Appellate Body Member Giorgio Sacerdoti, Ambassador Svend Roed Nielsen, Ambassador Søren Kelstrup and Director of Group Government Relations in Vestas, Jens Martin Albirk.
Kompetence- beskrivelse: The objective of the course is to enable the students to:
- Present the functioning of the multilateral trading system in the WTO; the organizational structure, the trade policy issues, daily functioning of the organization, purpose and history.
- Explain the founding principles of the multilateral trading system (non-discriminatory international trade, MFN and national treatment) as well as the functioning of the dispute settlement system.
- To identify the different types of reports, legal status of reports, style of interpretation, retaliation, compensation, etc., as well as “navigate” between the different WTO-agreements and identify which agreement(s) that is (are) the relevant for a given trade-topic
- To analyze, discuss, make decisions and critically reflect over the legal issues relating to each topic of the class including the functioning of the WTO dispute settlement system. In doing so the students will analyze the WTO-cases assigned in the readings and critically reflect over the results and relate the analysis to similar and dissimilar facts as well as reflect over the background for the case.
Moreover, the students will be able to relate the legal rules to real-life issues, including being able to critically reflect upon less attractive procedural or substantive results of the WTO-cases and relate those to the re-negotiation of the current rules.
-Communicate and formulate her/his knowledge and arguments professionally and linguistically correct and in a structured and coherent way.
Eksamensform: Oral exam without preparation, 20 minutes
Eksamen: 21. - 24. + 27. May 2013 (preliminary dates)
Kursus hjemmeside:
Bemærkninger: Reasonable understanding of English.
Pensum:
- Guzman and Pauwelyn, International Trade Law, second edition, Wolters-Kluwer Aspen Casebook Series, ISBN 978-1-4548-0539-7(CB), 978-1-4548-2229-5(PB), order form for 20 % discounted price available on Absalon upon class registration or laura.nielsen@jur.ku.dk (app. 40 USD plus postal 30 USD).
-Students will be instructed in how to download cases from the WTO homepage as part of the course.
-Legal Text: Can be downloaded from WTO homepage or: Cambridge University Press: Legal Texts of the WTO, ISBN: 9780521785808
-The university provides access to www.tradelawguide.com – very useful.
-Other material posted on Absalon, for example law review articles, background papers from www.wto.org.

Readings are approximately 500 pages."
Sidst redigeret: 30/10-2012



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