Course Code: Course Title: L T P C
MLLAW2004E02 International Trade Law
Version 2.0 2 0 0 2
Pre-Requisites/Exposure Basics of Trade Law and International Law
Co-requisites Free Trade, Globalization
Semester II Semester
Programme LL.M. (One Year)
1.0. Course Objectives:
International trade is a complicated area of law because there are numerous levels of trade
organizations and interactions. There are bilateral trade agreements, regional trade agreements,
and multinational trade agreements. Each of these agreements has its own history, policies, dispute
settlement procedures, and limitations as well. This course will deal with the law relating to WTO,
regional trade agreements, international trade and dispute settlement mechanisms, international
sales, transportation with reference to shipping and aviation, financing and settlement of
commercial disputes, international banking, insurance and taxation will be the major components
of the course. Apart from the relevant Indian laws, the focus will be mainly upon the international
legal conventions and Indian legal system in these areas. In addition, the international trade regime,
as reflected in the Foreign Trade (Development and Regulation) Act and other related enactments
will also be discussed in detail. The main objectives of course are to understand an international
sales transaction and its elements, to understand the theories and practice of harmonization of
international trade law, understand the functions of sales, carriage, payment and cargo insurance
contracts in international trade, apply knowledge of these four contracts in any given factual
scenario on international sales transaction, and to understand the rules governing the WTO regime
in facilitating trade and the dispute settlement mechanism.
2.0. Teaching Learning Methodology:
Lecture Method
Seminar, presentations by students,
Individual and group drills.
Group Discussion Method
Case Presentation and Analysis (Socio-Legal & political)
Moot Court Exercise
3.0. Evaluation Scheme:
Sl. Components Weightage
No. (Max. Marks)
1 Project Submission 20
2 Project Presentation 10
3 Seminar 10
4. Teaching Assignment 10
5. Semester End Examination 50
4.0. Learning Outcomes:
Successful completion of this paper will make students understand the laws relating to WTO,
international sales, transportation with reference to shipping and aviation, international banking,
insurance and taxation and also facilitate critical legal thinking on how to incorporate these laws
in the Indian legal system while adhering to the principle of free and fair trade. The basic objective
is to make them understand that trade and development are not mutually exclusive. At the end of
the course, the student is trained to pick his research area of his interest and produce a thesis
5.0. Course Contents:
Module I: International Trade and Economic Law
International Trade: Basic Principles and Concepts
Concept of Most Favoured Nation, Non-Discrimination, and National Treatment
Liberalization of International Trade Law: Role of GATT and WTO
International Promotion and Development of International Trade
The Third World Countries and Their Demand For New International Economic Order
(NIEO)
Indian Anti-dumping Code and Foreign Trade Act, 1992
Module II: Regionalism and International Trade Law
International Trade and Regional Integration: Closed Regionalism vs. Open Regionalism
Impact of Free Trade Regime on Regionalism: Regionalism vs. Multilateralism
WTO and Regional Trade: Scope of Article 24
Regional Trade Blocs: EU, NAFTA, SAFTA
India and Other Regional Blocs: Focus on recent FTA with ASEAN
Module III: International Trade and Dispute Resolution Mechanisms
International Institutions for Dispute Settlement Mechanism- PCIJ, PCA, ICJ, WIPO
Dispute Settlement under WTO Regime: A Case Study Method
Dispute Settlement under Various Agreements- GATT 1994, Agreement on Anti-
Dumping, Subsidies and Countervailing Measures, Safeguard Measures, Sanitary and
Phyto-sanitary Measures, Technical Barriers to Trade, Textile and Clothing, GATS,
TRIPs, Agriculture
International Trade and Alternative Dispute Resolution: Negotiation, Arbitration,
Conciliation, Mediation
International Trade and Investment Disputes and Intellectual Property Dispute
Dispute Settlement and Enforcement in India
Module IV: International Banking, Insurance, and Taxation
Introduction to International Banking System
Trade liberalisation and Banking Regulations- Regional, Multilateral
International and inter-governmental financial institutions- IMF, IBRD
Regional Banking and Cross Border Banking
Overview of International Taxation
International Tax conflicts and Double taxation: Double taxation treaties
6.0. Content Interaction Plan:
Lecture cum Module/Topic/Sub-Topic
Discussion
(Each session
of 1 Hour)
1-2
3-5
6-7
8-13
14-17
18-19
20-21
22-31
32-33
34-38
39
40
41
42
43
44
45
15 Hours Tutorials
7.0. Prescribed Readings:
Mitsuo Matsushita, The World Trade Organization: Law, Practice and Policy, 2006
John Jackson, The Jurisprudence of the GATT and the WTO: Insights on Treaty Law and
Economic Relations, 2000
John Jackson, The World Trade Organization: Constitution and Jurisprudence, 1998
John Jackson, The World Trading System, 1997
John Jackson, Implementing the Uruguay Round, 1997
Peter Van Den Bossche, The Law and Policy of World Trade Organisation- Texts, Cases
and Materials
Indira Carr and Miriam Goldby, International Trade Law, Statutes and Conventions, 2011-
2013
J.C.T.Chuah, Law of International Trade- Cross Border Commercial Transactions
Mavroidis Petros C and Skyes, Alan O, The WTO and International Trade Law/ Dispute
Settlement
James D Gaisford, Economic Analysis for International Trade Negotiations: The WTO and
Agricultural Trade
Nigel Grimwade, International Trade Policy- A Contemporary Analysis
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