WTO law 2TC

Objective Knowledge Skills AbilityHanoi Law University, Textbook on International Trade and Business Law, Youth Publishing House, Hanoi, 2017, http://pltmqt.hlu.edu.vn/SubNews/Details/17

HANOI LAW UNIVERSITY

FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW

APPROVAL OF PRINCIPAL

(FOR HLU INTERNAL USE ONLY)

HÀ NỘI - 2022

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Program: Bachelor of Laws (High Quality Training Program)

1 Le Dinh Quyet LL.M pltmdpdtqt@gmail.co

m

04.37731787

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, andholidays)

2 PREREQUISITE COURSES

- Basic Legal English (CLC.ĐB09)

- Public International Law (CLC.CB20)

- International Trade and Business Law (CLC.CB23)

3 SUMMARY OF THE COURSE

This course provides students with knowledge and critical understanding ofthe regulatory framework underpinning the multilateral trading system,

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covering both the institutional and substantive law of the World TradeOrganisation (WTO), which has played a central role in promoting andregulating international trade relations since its establishment on 1 January

1995 Through this course, students will explore WTO rules andjurisprudence 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

4 CONTENTS OF THE COURSE

Issue 1 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 2 Basic principles of the WTO Law and Exceptions

2.1 Reminding basic principles

2.2 Exceptions

Issue 3 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 4 Other sources of the WTO Law

4.1 Reports of the WTO’s dispute settlement body

4.2 International customs

4.3 Others

Issue 5 Relationship between the WTO Law and national law

5.1 Traditional theories on the relationship between the WTO law andnational law

5.2 Three ways to implement the WTO commitments in the national legalorder

5 OUTPUT STANDARDS OF THE COURSE AND MAPPING WITH THE OUTPUT STANDARDS OF THE TRAINING

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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 thenational legal order;

K6 Analyse legal issues in trade relations among the WTO members;

K7 Applying substantive and procedural principles of WTO law to explainthe 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 disputesettlement;

S11 Design and deliver a presentation on WTO law;

S12 Work independently and collaboratively with other students toprepare 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 differentviewpoints in the field;

T15 Develop a sense of honesty, striving for progress and protection ofjustice;

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

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training

program

training program K8 K1

3

K1 6

S 1 7

S 1 8

S 2 5

S 2 6

S 2 7

S 2 8

S 3 0

S 31

T 32

T 33

T 34

1A1 Introducing the

history of the WTO

1A2 Introducing the

purpose and functions ofthe WTO

1A3 Introducing the

1B1 Analysing

the historicalbackground ofthe WTO

1B2 Analysing

the relationship

1C1.

Givingcomments

position androle of the

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structure of the WTO.

1A4 Presenting the

terms and conditions ofentry for the applicantgovernment in WTO

1A5 Listing the legal

provisions governing therelationship between theWTO and FTAs

1A6 Presenting the

benefits for developingcountries in WTO law

among WTO'sagencies

1B3 Analysing

the relationshipbetween theWTO and otherinternationalorganizations

1B4 Analysing

relationshipbetween theWTO and FTAs

WTO in thedevelopmen

participatio

developingcountries inWTO

2A1 Presenting content

and exceptions of theprinciple: “MFN”

2A2 Presenting content

and exceptions of theprinciple: “NT”

2A3 Presenting content

and exceptions of theprinciple: “Freer trade:

gradually, throughnegotiation”

2A4 Presenting content

of the principle

“Predictability: throughbinding and transparency”

2A5 Presenting content

NT principles

liberalizationamong WTOmembers

2B2 Explaining

the conditions toapply

2C1.

Givingcomments

on the role

of basicprinciplesforinternationa

l trade ofthe WTOmembers

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agreements within the

Uruguay Round and after

the Uruguay Round

3A2 Describing the

WTO Agreements on

Trade in Goods

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

3B1 Analysing

agreements areapplied in aspecific tradedispute

3B2 Applying

agreements as asource of law tosolve specificcase studies

3C1.

Givingcomments

WTOAgreements

4A1 Presenting the

name and basic content

of three reports of the

WTO Dispute Settlement

4B2 Analysing

the content andvalue of othersources of WTOlaw

4C1.

Givingcomments

application

of othersources ofWTO law

4C2.

Givingcomments

relationshipamong the

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sources ofWTO law.

5A1 Presenting content

of the traditional theories

on the relationshipbetween the WTO lawand national law

5A2 Presenting three

ways to implement theWTO commitments in thenational legal order

5B1 Analysing

content of thetraditionaltheories on therelationshipbetween theWTO law andnational law

5B2 Analyzing

three ways toimplement theWTO

commitments inthe national legalorder

5C1.

Givingcomments

on how toimplementWTOcommitmen

Objective Knowledge Skills Ability

Objective Knowledge Skills Ability

Hanoi Law University, Textbook on International Trade and Business Law,

Youth Publishing House, Hanoi, 2017, http://pltmqt.hlu.edu.vn/SubNews/Details/17087

2 Daniel C.K Chow, Thomas J Schoenbaum, International Trade Law: Problems, Cases, and Materials, Wolters Kluwer Law &

5 Henrik Horn and Petros C Mavroidis, Legal and Economic Principles of World Trade Law, Cambridge University Press, 2013

6 John H Jackson, The World Trading System, Law and Policy of International Economic Relations, 2nd edition, 1997

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7 Jürgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge University Press, 2016.

8 Manfred Elsig, Bernard Hoekman, Joost Pauwelyn, Assessing the World Trade Organization: Fit for Purpose, Cambridge University Press,

16 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia

of International Economic Law, Edward Elgar Publishing, 2017.

20 WTO, WTO Dispute Settlement: One-Page Case Summaries

https://www.wto.org/english/res_e/publications_e/dispu_settlement_e.htm

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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

1 WTO, Report of the Working Party on the Accession of Viet Nam andViet Nam’s WTO Commitments, https://www.wto.org/english/thewto_e/ acc_e/a1_vietnam_e.htm

2 WTO Secretariat, Trade Policy Review: Vietnam, 2021,

e

Semina r

Group work

study Assessment

- Introduction of the Course

- Overview of the WTO andWTO Law (History,Institutional Structure,Membership, Decision-Making)

- Reading the CourseOutline

- Reading:

+ Hanoi Law University,

Textbook on International Trade and Business Law,

Youth Publishing House,Hanoi, 2017, Chapter Two, Section One and Eight.

Lecture 2 2

Agreements in WTO Law

- Developing Countries inWTO Law

Group

- Formation of teams

- Discussion of teamworkassignments and allocation

- Current challenges facingthe WTO

- Reading the materials andcases 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

- Venue: Faculty of International Trade and Business Law, Room A1401.

WEEK 2 – ISSUE 2

Teaching –

Learning Credit hours Main contents Requirements for students’ preparation

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Lecture 2

Basic Principles ofWTO Law andExceptions

- Reading:

+ Hanoi Law University, Textbook

on International Trade and Business Law, Youth Publishing

House, Hanoi, 2017, Chapter Two, Section Two and Seven.

Seminar 1 1 Case study on MFN

Group

- Discussion ofteamwork

assignment

- Discussion of thelecture content

- Reading the materials and cases

- Outlining the discussion contents

- Reviewing the lecture notes

Self

Vietnam’scommitments inGATS and recentFTAs

- Reading the materials and casescited 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

- Venue: Faculty of International Trade and Business Law, Room A1401.

hours Main contents

Requirements for students’

Source of WTO Law

on International Trade and Business Law, Youth Publishing

House, Hanoi, 2017, Chapter Two, Section Three to Six.

Seminar 1 1 Case study on TBT

and SPS - Reading Textbook and lecture

- Discussion of thelecture content

- Reading the materials and cases

- Outlining the discussion contents

- Reviewing the lecture notesSelf

study

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- Other Trade inGood Agreements

- The TRIPSAgreement

- Reading the materials and casescited 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

- Venue: Faculty of International Trade and Business Law, Room A1401.

hours Main contents

Requirements for students’

Publishing House, Hanoi, 2017,

Chapter One, Section Two

Seminar 1 1 Case study on other - Reading Textbook and lecture

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sources of law in WTOdispute settlement

- Discussion of thelecture

- Reading the materials andcases

- Outlining the discussioncontents

- Reviewing the lecture notesSelf

study 1 Applicable laws inWTO dispute settlement - Reading the materials andcases 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

- Venue: Faculty of International Trade and Business Law, Room A1401.

- Reading:

+ Hanoi Law University,

Textbook on International Trade and Business Law,

Youth Publishing House,

Hanoi, 2017, Chapter Two, Section Eight

Seminar 1 1

Implementation of WTOLaw in the domestic legalsystem in EU, US andVietnam

- Reading Textbook andlecture notes

- Questions given by lecturerSeminar 2 1 Presentation of Teamwork

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- Discussion of the lecture

- Reading the materials andcases

- Outlining the discussioncontents

- Reviewing the lecture notesSelf

study

1

relationship betweeninternational law anddomestic law

- Reading the materials intextbook

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

- Venue: Faculty of International Trade and Business Law, Room A1401.

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 academicwork

- Cheating on any exam also results in FAIL to the student who commitsthe 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 byHanoi Law University

Assessing knowledge and attitudes to participate in

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)

 Understanding of relevant law and legal policy

 Critical and analytical response to the topic

 Structure and organisation of ideas

 References to, and engagement with, relevant primary legal andsecondary scholarly sources

 Written expression, including use of legal terminology, reading, grammar, and punctuation

proof General requirements on assignments

 Referencing style: Follow the University’s guidelines on citationsand bibliography (pp 5-9, Annex 2), available at

http://dt.hlu.edu.vn/SubNews/Details/17989 Plagiarism in any form isstrictly 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 foreach theory or seminar part

+ Team assignment or individual exam must be greater than 0

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- Format: 100% multiple-choice questions

- Content: All issues given in class and other self-studied issues, includingall learning objectives listed in Section 6 of this Outline

- Assessment criteria: In accordance with the detailed answers given bylecturers

LEADER OF SUBJECT

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TABLE OF CONTENTS

Page

7 The matrix learning objectives with CLOs 9

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