The Law of the World Trade Organization LDREU 2211

Academic Year 2016 – 2017, First Semester

(version as of 11 September 2016)

Credits

[30h] 5 credits

Schedule

This course is taught in the first semester.

Lectures will take place (in principle) every other Wednesday or Friday, from 14h00 till 18h00.

Lecturers

Colin Brown

Dr. Isabelle Van Damme

Language

English

Level

Second
Course Materials

Course materials consist of two books (one handbook and one book with relevant World Trade
Organization (‘WTO’) treaties), supplemented by handouts and case-law of the WTO dispute
settlement bodies.

The handbook is: Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade
Organization - Text Cases and Materials, 3rd edition (Cambridge: Cambridge University Press, 2013). The
book is available on Amazon and
http://www.cambridge.org/be/academic/subjects/law/international-trade-law/law-and-policy-
world-trade-organization-text-cases-and-materials-3rd-edition). Please make sure to buy the 3rd
edition (which is new as of August 2013) or check whether you can buy a used copy from a student
who took the course last year.

The book with the WTO treaties is: WTO, The Legal Texts – The Results of the Uruguay Round of
Multilateral Trade Negotiations (WTO/Cambridge University Press, 2007, revised version or an older
version, such as the 1999 version). This book is also available on Amazon or
http://www.cambridge.org/us/academic/subjects/law/international-trade-law/legal-texts-results-
uruguay-round-multilateral-trade-negotiations. You may also buy a second-hand copy of students
who already took the course. The WTO legal texts are also available on the WTO website:
http://www.wto.org/english/docs_e/legal_e/legal_e.htm and you may also use (and take to the
exam) printouts of these texts instead of the book.

For each seminar, readings will be set in a Reading List (which is circulated prior to the seminar).
In the Reading List, you will find the chapters of the handbook and the treaties that you need to
read in advance of the seminar, as well as more precise references to case-law and questions that you
should take into account (and try to answer) while reading the set materials. The seminars are
interactive and therefore you are advised to read the set materials in order to participate in
discussions.

For each seminar, Handouts will also be made available.

Reading lists and other documentation, involving past exam papers and handouts, are all uploaded
on MoodleUCL.

Please bring to the seminar always your book with the WTO treaty texts (and preferably also the
handbook).

At the exam, which is closed-book, you are permitted to use your book with the WTO treaty texts
(or printouts of those texts), certain other legal documents which will be made available during the
seminars and a dictionary. These may be highlighted, but not annotated.

Students will be asked to read GATT and WTO dispute settlement reports. All reports are available
online:

• GATT reports: http://www.wto.org/english/tratop_e/dispu_e/gt47ds_e.htm

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• WTO panel and Appellate Body reports:
http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm (search by DS number)
or the Free Source Library at http://www.worldtradelaw.net/

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Evaluation

75% written examination.

25% class participation.

Aims

The WTO is one of the most successful international organizations in present days. The WTO, as an
international organization, offers a forum to discuss old rules and negotiate new ones. It also offers a
mechanism through which the 161 Members must resolve disputes about the meaning and
application of the WTO covered agreements. WTO law is primarily treaty law and consists of many
pages of treaty law, including tariff schedules.

The purpose of this course is to offer (1) an introduction into the history and the functioning of the
WTO as an international organization, and with particular focus on the WTO dispute settlement; (2)
an introduction into the various WTO treaties, focusing on the underlying principles of national
treatment and most favored nation, and the relationship between the different agreements; (3) an
understanding of the position of WTO law in the wider context of international law, including
international investment law. It also includes brief coverage of the issue of international investment
law.

Additional information

If you are unable to attend and participate in the classes for a legitimate reason, please contact the
lecturers as soon as possible (preferably by email).

The course is taught in English and all readings materials are in English. Students are expected to
write their exam in English but they may bring a dictionary to the exam. The exam is a test of the
student’s knowledge of the course, not of the level of English.

***

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 Main Themes and Course Structure 2016-2017

Date Hours Topics Lecturer

Introduction to the WTO: History,

Institutional Issues, and Dispute Settlement
Friday
23 September 2016 4 Isabelle Van Damme
Introduction to Market Access (Trade
(14h-18h)
Negotiations, Tariffs and Quantitative
Restrictions) and Other Basic Principles
Friday National Treatment
7 October 2016 4 Isabelle Van Damme
(14h-18h) Most-Favoured Nation

Market access: quantitative restrictions and

Wednesday tariffs
19 October 2016 4 Colin Brown
(14h-18h) Special and Differentiated Treatment and
customs unions/free trade areas

Friday Dispute Settlement

4 November 2016 4 Isabelle Van Damme
(14h-18h) General and Security Exceptions

Trade Remedies
Wednesday
16 November 2016 4 Colin Brown
Subsidies and Agriculture Government
(14h-18h)
procurement

Friday SPS Agreement

2 December 2016 4 Isabelle Van Damme
(14h-18h) TBT Agreement

Wednesday Trade in Services: GATS and Investment

14 December 2016 4 Colin Brown
(14h-18h) Intellectual Property: TRIPS Agreement

Friday
Isabelle Van Damme
16 December 2016 2 Moot Court
Colin Brown
(14h-16h)