WTO law 2TC
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HANOI LAW UNIVERSITY
FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
APPROVAL OF PRINCIPAL
(FOR HLU INTERNAL USE ONLY)
HÀ NỘI - 2022
1
Program:
Course:
Credit points:
Type of the course:
Bachelor of Laws (High Quality Training Program)
WTO Law
02
Elective
1. INFORMATION OF LECTURERS
1.1 Lecturers
No
Name
Ngo Trong
1.
Quan
Nguyen Ba
2.
Binh
Nguyen Thi
3.
Anh Tho
Nguyen
4.
Mai Linh
Doan
5. Thanh
Huyen
Ha
Thi
6.
Phuong Tra
Nguyen
7.
Huu Huyen
Nguyen Thi
8.
Nhung
Ho
Thuy
9.
Ngoc
Nguyen
10.
Ngoc Ha
Title
LL.M.
Assoc.
Prof.
LL.M.
LL.M.
LL.M.
Tel
04.37731787
04.37731787
04.37731787
04.37731787
04.37731787
LL.M.
04.37731787
Ph.D
04.37731787
LL.M.
04.37731787
Assoc.
Prof.
Ph.D
04.37731787
04.37731787
2
Vu
Kim
Ngan
Pham Minh
12.
Duc
11.
Ph.D
04.37731787
LL.M.
04.37731787
1.2. Assistants
No
Name
1. Le Dinh Quyet
2. Do Thu Huong
Title
LL.M.
LL.M.
Tel
04.37731787
04.37731787
Office of Department of Multilateral Trade and International
Investment Law
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, and
holidays)
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 of
the regulatory framework underpinning the multilateral trading system,
covering both the institutional and substantive law of the World Trade
Organisation (WTO), which has played a central role in promoting and
regulating international trade relations since its establishment on 1 January
1995. Through this course, students will explore WTO rules and
jurisprudence 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)
3
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 and
national law
5.2. Three ways to implement the WTO commitments in the national legal
order
5. OUTPUT STANDARDS OF THE COURSE AND MAPPING WITH
THE OUTPUT STANDARDS OF THE TRAINING PROGRAM
5.1. The Course Learning Outcomes (CLOs)
Knowledge
K1. Understand the history, functions and structure of the WTO and its
relationship with FTAs;
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;
4
K5. Understand how to implement the WTO accession commitments in the
national legal order;
K6. Analyse legal issues in trade relations among the WTO members;
K7. Applying substantive and procedural principles of WTO law to explain
the 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 dispute
settlement;
S11. Design and deliver a presentation on WTO law;
S12. Work independently and collaboratively with other students to prepare
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 different
viewpoints in the field;
T15. Develop a sense of honesty, striving for progress and protection of
justice;
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
The ability
The Knowledge
LOs of the
LOs of the The Skill LOs of the training program
Course
training
Learning training program
program
Outcomes
K8 K1 K1 S S S S S S S S3 T T T3
3
6 17 18 25 26 27 28 30 1 32 33 4
K1
K2
K3
K4
5
K5
K6
K7
K8
S9
S10
S11
S12
S13
T14
T15
T16
T17
6. LEARNING OBJECTIVES
6.1. Detailed learning objectives
Obj.
Issue
1.
Overview
of the
WTO Law
Level 1
Level 2
Level 3
1A1. Introducing the
history of the WTO.
1A2. Introducing the
purpose and functions of
the WTO.
1A3. Introducing the
structure of the WTO.
1A4. Presenting the terms
and conditions of entry for
the applicant government
in WTO.
1A5. Listing the legal
provisions governing the
relationship between the
WTO and FTAs.
1B1. Analysing
the
historical
background of
the WTO.
1B2. Analysing
the relationship
among WTO's
agencies.
1B3. Analysing
the relationship
between
the
WTO and other
international
organizations.
1B4. Analysing
1C1. Giving
comments
on
the
position and
role of the
WTO in the
developmen
t
of
international
trade.
1C2. Giving
comments
on
the
participation
of
6
1A6.
Presenting
the the
legal
benefits for developing relationship
countries in WTO law
between
the
WTO and FTAs
2.
2A1. Presenting content 2B1. Analysing
Basic
and exceptions of the the impact of the
Principles principle: “MFN”.
MFN and NT
of the
2A2. Presenting content principles
on
WTO Law and exceptions of the trade
principle: “NT”.
liberalization
2A3. Presenting content among
WTO
and exceptions of the members.
principle: “Freer trade: 2B2. Explaining
gradually,
through the conditions to
negotiation”.
apply
2A4. Presenting content of exceptions.
the
principle 2B3. Applying
“Predictability:
through the exceptions
binding and transparency”. for
basic
2A5. Presenting content of principles
to
the principle “Promoting solve
specific
fair competition”.
case studies.
2A6. Presenting content of
the principle “Encouraging
development
and
economic reform”.
3.
3A1. Introducing the 3B1. Analysing
The WTO system
of
WTO how
WTO
Agreement agreements within the agreements are
s - Main
Uruguay Round and after applied in a
Source of the Uruguay Round.
specific
trade
the WTO 3A2. Describing the WTO dispute.
Law
Agreements on Trade in 3B2. Applying
Goods.
the
WTO
developing
countries in
WTO.
2C1. Giving
comments
on the role
of
basic
principles
for
international
trade of the
WTO
members.
3C1. Giving
com
ment
s on
the
WT
O
Agre
7
4.
Other
Sources of
the WTO
Law
5.
Relationsh
ip between
the WTO
Law and
national
law
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
4A1. Presenting the name
and basic content of three
reports of the WTO
Dispute Settlement Body
4A2.
Describing
the
structure of a Report of
the
WTO
Dispute
Settlement Body.
4A3. Listing and giving
examples of other sources
of WTO law.
agreements as a
source of law to
solve
specific
case studies
5A1. Presenting content of
the traditional theories on
the relationship between
the WTO law and national
law.
5A2. Presenting three
ways to implement the
WTO commitments in the
national legal order.
5B1. Analysing
content of the
traditional
theories on the
relationship
between
the
WTO law and
national law.
5B2. Analyzing
three ways to
implement
the
4B1. Analysing a
report of the
WTO
Dispute
Settlement Body.
4B2. Analysing
the content and
value of other
sources of WTO
law.
eme
nts
4C1. Giving
comments
on
the
application
of
other
sources of
WTO law.
4C2. Giving
comments
on
the
relationship
among the
sources of
WTO law.
5C1. Giving
comments
on how to
implement
WTO
commitment
s in practice.
8
WTO
commitments in
the national legal
order.
6.2. Total learning objectives
Objectives
Issue
Issue 1
Issue 2
Issue 3
Issue 4
Issue 5
Total
Level 1
Level 2
Level 3
Total
6
6
5
3
2
22
4
3
2
2
2
13
2
1
1
2
1
7
12
10
8
7
5
42
7. THE MATRIX DEMONSTRATING THE COMPATIBILITY OF
THE DETAILED LEARNING OBJECTIVES WITH CLOs
Knowledge
Objective
K1
1A1
1A2
1A3
1A4
1A5
1A6
1B1
1B2
1B3
1B4
1C1
1C2
2A1
2A2
K2
K3
K4
K5
Skills
Ability
K6
K7
K8
S9
S10 S11 S12 S13 T14 T15 T16 T17
9
Knowledge
Objective
K1
2A3
2A4
2A5
2A6
2B1
2B2
2B3
2C1
3A1
3A2
3A3
3A4
3A5
3B1
3B2
3C1
4A1
4A2
4A3
4B1
4B2
4C1
4C2
5A1
5A2
5B1
5B2
5C1
K2
K3
K4
K5
Skills
Ability
K6
K7
K8
S9
S10 S11 S12 S13 T14 T15 T16 T17
8. MATERIALS
8.1. Compulsory Readings:
Hanoi Law University, Textbook on International Trade and Business Law,
Youth
Publishing
House,
Hanoi,
2017,
10
/>8.2. Recommended Materials:
* Books
1.
Craig VanGrasstek, The History and Future of the World Trade
Organization,
2013,
/>m
2.
Daniel C.K. Chow, Thomas J. Schoenbaum, International Trade
Law: Problems, Cases, and Materials, Wolters Kluwer Law &
Business/Aspen Publishers, 2008.
3.
Daniel Bethlehem et al., The Oxford Handbook of International
Trade Law, Oxford University Press, 2009.
4.
Erich Vranes, Trade and the Environment: Fundamental Issues in
International Law, WTO Law, and Legal Theory, Oxford University Press,
2009.
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.
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,
2017.
9.
Michael J. Trebilcock and Robert Howse, The Regulation of
International Trade, 3rd edition, Routledge, 2005.
10.
Nellie Munin, Legal Guide To GATS, Kluwer Law International,
2010.
11.
Peter Van den Bossche and Werner Zdouc, The Law and Policy of
the World Trade Organization: Text, Cases and Materials, Cambridge
University Press, 2022.
12.
Pierre Sauvé, Research Handbook on Trade in Services, Edward
Elgar Publishing, 2016.
11
13.
Raj Bhala, International Trade Law - Interdisciplinary Theory and
Practice, LexisNexis Publisher, Third Edition, 2006.
14.
Simon Lester, Bryan Mercurio, Arwel Davies, World Trade Law:
Text, Materials, and Commentary, Third Edition, Hart Publishing, 2018.
15.
Simon Lester, Bryan Mercurio, Lorand Bartels, Bilateral and
regional trade agreements: commentary and analysis, Cambridge
University Press, 2015.
16. Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia
of International Economic Law, Edward Elgar Publishing, 2017.
17.
UNCTAD,
Course
on
Dispute
Settlement,
/>18.
WTO, Understanding the World Trade Organization, Fifth Edition,
2015,
/>19.
WTO, Status of WTO Legal Instruments, 2021 edition,
/>e.pdf
20.
WTO, WTO Dispute Settlement: One-Page Case Summaries (19952020),
2021
edition,
/>21.
WTO, WTO Analytical Index: Guide to WTO Law and Practice,
/>* Others
1. WTO, Report of the Working Party on the Accession of Viet Nam and
Viet
Nam’s
WTO
Commitments,
/>2. WTO Secretariat, Trade Policy Review: Vietnam, 2021,
/>8.3. Websites
1.
2.
3.
12
4.
5.
9. TEACHING – LEARNING FORMS
9.1. General Schedule
Week
Teaching-learning forms
Group
SelfUnit LectureSeminar
Assessment
work study
Total
Receiving Assignments
1
2
3
1
2
3
4
2
2
(0)
(4)
(4)
(2)
(2)
(2)
(3)
(3)
(3)
4
4
2
(4)
(2)
(3)
5
5
2
(4)
(2)
(3)
Total hours
12
16
10
15
53
Credit hours
12
8
5
5
30
Submitting Teamwork
Assignment
9.2. Detailed Schedule
WEEK 1 – ISSUE 1
Teaching –
Credit
Learning
hours
form
Lecture 1
2
Lecture 2
2
Group
1
Main contents
- Introduction of the Course
- Overview of the WTO and
WTO
Law
(History,
Institutional
Structure,
Membership,
DecisionMaking)
- Regional Trade Agreements
in WTO Law
- Developing Countries in
WTO Law
- Formation of teams
Requirements for students’
preparation
- Reading the Course
Outline
- Reading:
+ Hanoi Law University,
Textbook on International
Trade and Business Law,
Youth Publishing House,
Hanoi, 2017, Chapter Two,
Section One and Eight.
- Reading the materials and
13
the teamwork assignments
- Discussion of teamwork - Outlining the discussion
work
assignments and allocation contents
of tasks
- Reviewing the lecture
notes
- The participation of
developing countries in the
- Reading the materials and
Self
1
WTO
study
cases cited in textbook
- Current challenges facing
the WTO
- Content: To give professional advice on the methods of studying;
tutoring on searching and reading references; other questions
related to the course.
Tutoring
- 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 –
Credit
Learning
hours
form
Lecture
2
Seminar 1
1
Seminar 2
1
Group
work
1
Main contents
Requirements for students’
preparation
- Reading:
+ Hanoi Law University, Textbook
Basic Principles of
on International Trade and
WTO Law
and
Business Law, Youth Publishing
Exceptions
House, Hanoi, 2017, Chapter Two,
Section Two and Seven.
Case study on MFN
and NT
- Reading Textbook and lecture
Case study on GATT notes
Article XX and - Questions given by lecturer
GATS Article XIV
- Discussion of - Reading the materials and cases
teamwork
- Outlining the discussion contents
assignment
- Reviewing the lecture notes
14
- Discussion of the
lecture content
Vietnam’s
commitments
in - Reading the materials and cases
Self
1
study
GATS and recent cited in textbook
FTAs
- Content: To give professional advice on the methods of studying;
tutoring on searching and reading references; other questions
related to the course.
Tutoring
- Time: From 16:20 to 17:20 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room
A1401.
WEEK 3 – ISSUE 3
Teaching –
Credit
Learning
hours
form
Lecture
2
Seminar 1
1
Seminar 2
1
Group
work
Self
study
1
1
Main contents
Requirements for students’
preparation
- Reading:
The
WTO + Hanoi Law University, Textbook
Agreements - Main on International Trade and
Source of WTO Law Business Law, Youth Publishing
House, Hanoi, 2017, Chapter
Two, Section Three to Six.
Case study on TBT
and SPS
- Reading Textbook and lecture
Case study on Trade notes
- Questions given by lecturer
Remedies
(ADA/SCM/SG)
Discussion
of
- Reading the materials and cases
teamwork assignment
- Outlining the discussion contents
- Discussion of the
- Reviewing the lecture notes
lecture content
- Other Trade in - Reading the materials and cases
Good Agreements
cited in textbook
The
TRIPS
15
Agreement
- Content: To give professional advice on the methods of studying;
tutoring on searching and reading references; other questions
related to the course.
Tutoring
- Time: From 16:20 to 17:20 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room
A1401.
WEEK 4 – ISSUE 4
Teaching –
Credit
Learning
hours
form
Lecture
Main contents
Requirements for students’
preparation
- Reading:
+ Hanoi Law University,
Other Sources of WTO Textbook
on
International
2
Law
Trade and Business Law, Youth
Publishing House, Hanoi, 2017,
Chapter One, Section Two
Case study on other
Seminar 1 1
sources of law in WTO
- Reading Textbook and lecture
dispute settlement
notes
Case study (Continued)
- Questions given by lecturer
Seminar 2 1
* Submitting Teamwork
Assignment
Group
- Reading the materials and
Discussion
of
work
cases
teamwork assignment
1
- Outlining the discussion
- Discussion of the
contents
lecture
- Reviewing the lecture notes
Self
Applicable laws in - Reading the materials and
1
study
WTO dispute settlement cases 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.
16
- Venue: Faculty of International Trade and Business Law, Room
A1401.
WEEK 5 – ISSUE 5
Teaching –
Credit
Learning
hours
form
Lecture
Main contents
Requirements for students’
preparation
- Reading:
+ Hanoi Law University,
Relationship
between Textbook on International
2
WTO Law and national Trade and Business Law,
law
Youth Publishing House,
Hanoi, 2017, Chapter Two,
Section Eight
Implementation of WTO
Law in the domestic legal
Seminar 1 1
- Reading Textbook and
system in EU, US and
lecture notes
Vietnam
- Questions given by lecturer
Presentation of Teamwork
Seminar 2 1
Assignment
Group
- Reading the materials and
work
- Discussion of teamwork cases
1
assignment
- Outlining the discussion
- Discussion of the lecture contents
- Reviewing the lecture notes
Self
Theories
on
the
study
relationship
between - Reading the materials in
1
international law and textbook
domestic law
- Content: To give professional advice on the methods of studying;
tutoring on searching and reading references; other questions
related to the course.
Tutoring
- Time: From 16:20 to 17:20 Monday every week.
- Venue: Faculty of International Trade and Business Law, Room
A1401.
17
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 academic work.
- Cheating on any exam also results in FAIL to the student who commits
the 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 by
Hanoi Law University.
11. ASSESSMENT METHODS
11.1. Regular assessment
- Inspections: Students participate in 75% or more of the prescribed hours
for each theory or seminar part.
- Participation in seminars and team assignment.
11.2. Periodical assessment
Type of assignment
Assessing knowledge and attitudes to participate in
seminar
01 Teamwork Assignment
Final Exam
Weight
10%
30%
60%
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)
- Total: 10 mark
Teamwork assignment
- Format: Essay
- Content: Issues covered in the course
- Assessment criteria:
Understanding of relevant law and legal policy
Critical and analytical response to the topic
Structure and organisation of ideas
18
References to, and engagement with, relevant primary legal and
secondary scholarly sources
Written expression, including use of legal terminology, proofreading, grammar, and punctuation
- General requirements on assignments
Referencing style: Follow the University’s guidelines on citations
and
bibliography
(pp.
5-9,
Annex
2),
available
at
Plagiarism in any form is
strictly 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 for
each theory or seminar part.
+ Team assignment or individual exam must be greater than 0.
- Format: 100% multiple-choice questions
- Content: All issues given in class and other self-studied issues, including
all learning objectives listed in Section 6 of this Outline.
- Assessment criteria: In accordance with the detailed answers given by
lecturers.
LEADER OF SUBJECT
19
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Information of lecturers
Prerequisite courses
Summary of the course
Content of the course
Output standards of the course
Learning objectives
The matrix learning objectives with CLOs
Materials
Teaching – learning forms
Policies of the course
Assessment methods
Page
2
3
3
4
4
6
9
11
13
18
18
20
