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Module Code - Title:

LA6031 - LAW OF INTERNATIONAL TRADE ORGANISATIONS

Year Last Offered:

2023/4

Hours Per Week:

Lecture

2

Lab

0

Tutorial

0

Other

0

Private

13

Credits

9

Grading Type:

N

Prerequisite Modules:

Rationale and Purpose of the Module:

The aim of this module is to expose students to a comprehensive understanding of the global trading environment and the legal institutions, laws, rules and regulations that apply to cross border transactions.

Syllabus:

This course will introduce students to the historical evolution of the legal provisions, relating to international trade, ranging from the Hanseatic League up to the period after World War II which establishes the modern global trading environment. It will briefly discuss the differing theories of international trade. The course will then examine the following institutions, their legal basis and operation and their legal control over international trade. 1. The WTO, its precursor (GATT) the establishing Treaty and the rules on accession and secession, the governance structure of the organisation, the interaction of its decisions and rules with national laws and the role it plays in dispute resolution between signatory states. 2. Regional trading organisations such as NAFTA (North American Free Trade Association) and the EU (European Union), in particular the legal basis of establishment, the interaction between national laws and the role of the regional trading organisation as arbiter, the process of dispute resolution between members of the regional organisation and the hierarchy of laws and issues of primacy between competing regulations. 3. UN bodies engaged in assisting the development of international trade, including UNCITRAL (United Nations Commission on International Trade Law) its role in providing a uniform legal environment within which international trade occurs and UNCTAD (the United Nations Conference on Trade and Development). 4. National enforcement agencies, such as CBP (Customs and Border Protection (USA)) and the EU approach, their role and function and the extra-territoriality of their legal powers. Finally the course will look at ethical and sustainable movements in international trade and their incorporation into national and regional legal systems.

Learning Outcomes:

Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)

On completion of this module a student will be able to: Identify the different types of international trade organisations at national, regional and global level. Explain the legal basis of different global and regional regulatory trade bodies including enforcement powers. Discuss the interaction between differing levels of international trade regulation particularly in terms of primacy and hierarchy. Critically analyse the role of dispute resolution in international trade within a legal context, particularly in the context of non-militarisation of disputes Relate the law of international regulation of trade to national sovereign states and regional structures. Critique different theories of the legal regulation of international trade, including current trends in ethical trade.

Affective (Attitudes and Values)

On completion of this module a student will: Understand the role of international bodies in the regulation of international trade Understand how the legal powers of these international bodies impact upon individuals trading internationally. Appreciate the need for legal regulation of international trade.

Psychomotor (Physical Skills)

N/A

How the Module will be Taught and what will be the Learning Experiences of the Students:

The module is taught through a series of weekly seminars. Student will be assigned some reading material, and will be expected to conduct independent research, prior to each seminar, where they will be required to discuss the relevant issues. The University of Limerick Graduate Attributes will be developed by: Broadening students' knowledge and proactivity through encouraging independent and directed research Emphasising student's responsibility to organise their time in an efficient manner and to work to specific deadlines Enhancing students' creativity in how they approach independent research. Promoting collaborative research by the students and requiring students to articulate their research findings in a group setting.

Research Findings Incorporated in to the Syllabus (If Relevant):

Prime Texts:

Van de Bossche. P and Zdouc, W (2012) Law and Policy of the WTO: Text, Commentary and Materials, 3rd ed , Cambridge University Press
Klabbers, J (2009) An Introduction to International Institutional Law, 2nd ed , Cambridge University Press
Lester, S. Mercurio, B (2012) World Trade Law: Text, Materials and Commentary, 2nd ed , Hart Publishing

Other Relevant Texts:

Herdegen, M (2013) Principles of International Economic Law , Oxford University Press
Dhooge, L, Schaffer, R et al (2014) International Business Law and its Environment, 9th ed , Texas: South-Western College Publishing
Folsom, Gordon, Spanogle, and Van Alstine (2013) Folsom, Gordon, Spanogle, and Van Alstine's Principles of International Business Transactions, 3rd ed. , West Academic Publishing

Programme(s) in which this Module is Offered:

MLICLATFA - INTERNATIONAL COMMERCIAL LAW
MLICLATPA - INTERNATIONAL COMMERCIAL LAW
MLLAGETFA - (GENERAL)
MLLAGETPA - (GENERAL) P/T

Semester - Year to be First Offered:

Module Leader:

eddie.keane@ul.ie