www.ufh.ac.

za
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Faculty of Law
International Trade Law
(LMT 422E)
Module Learning Guide 2024

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Module Lecturer/Instructor
Prof. P.C. Osode
Department of Mercantile Law, University of Fort Hare
 FACULTY OF LAW

School/Programme: Nelson R. Mandela School of Law/LLB

Learning Guide (LG) Year: 2024

Module / Course Title: International Trade Law

Module Code: LMT 422E

Module Credit Value: 8 Credits

Nat. Qual. Framework (NQF) Level: 8

Name of Lecturer: Prof. PC Osode

TABLE OF CONTENTS

Cover Page

Table of Contents

Part A: Organisational Component

1. Welcome statement

2. Contact Details

2.1 Role Players

2.2 Consultation Time

3 Overview of the Qualification

3.1 Name of the Qualification or Programme

3.2 Rationale for the Degree
3.3 Purpose of the Qualification

Part B: Learning Component

4. Learning Outcomes and Associated Assessment Criteria

5. Content Outline
6. Teaching-Learning Methods
7. Assessment
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8. Roles and responsibilities
8.1 The learner
8.2 The lecturer
9 Assessment information
9.1 Assessment Plan
9.2 Assessment Timetable
9.3 Due Performance Requirement
9.4 Requirement of an Examination Entrance Sub-minimum
9.5 Requirement of an Examination Sub-minimum
9.6 Plagiarism Alert
9.7 Faculty Referencing Style
9.8 Consequences of Cheating/Fraud
10. Course Readings
10.1 A Note on Prescribed Textbooks
10.2 Recommended Readings
10.3 Treaties and Statutes
10.4 Useful Websites

Part A:

ORGANIZATIONAL COMPONENT

1. WELCOME STATEMENT

This module will introduce you to the exciting world of international/global trade
regulation. It is especially intended to give learners a basic understanding of the law and
policy of the World Trade Organization (WTO), especially the General Agreement on
Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS) and other
related instruments/issues pertinent to the subject of cross-border/international trade
regulation.

Apart from the above, this course is intended to provide Learners with an opportunity to
become familiar with research and analytical skills unique to international trade law issues
and processes. Recognising the dynamic nature of international legal processes, this course
has also been designed to stimulate critical and imaginative thinking among learners both
as individuals, and as collective subjects of international trade law.

From a teaching and learning perspective, this module will afford learners the chance to
develop their potential through participation in class discussions. The guiding
principle/philosophy in this module is that there is no right or wrong answer but rather
potentially plausible answers which are subject to scrutiny and further qualification.

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Regarding teaching methodology, the instructor will strive to ensure that classes are as
interactive and reflective as possible.

2. CONTACT DETAILS

2.1 Role Players

Designation Name Room Tel Ext E-mail

Course Prof. P.C. Osode Office 7527/7520 [email protected]

Instructor #625,
Gasson
Centre,
EL
Campus

Faculty Mrs P Zinto Office 7530/7520 [email protected]

Manager #614
(Acting)

2.2 Consultation Times

The lecturer’s consultation times are as follows:

• Wednesdays: 14h00 – 16h00

• Thursdays: 14h00 – 16h00

• Fridays: 14h00 - 16h00

3. OVERVIEW OF QUALIFICATION

3.1. Name of the Qualification: Bachelor of Laws

3.2 Rationale for Degree:

In taking up the study of Law, one embarks on the challenging process of becoming a member of
one of the most rewarding vocations that exists. Legal training, which is steeped in a long tradition
of liberalism, develops skills in the mastering of facts and theory as well as in lucid and logical
expression. A successful learner will acquire these qualities and discover them to be greatly to
his/her advantage in his/her leadership role in society. The law graduate enjoys a status shared by

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few others and has a wide choice of careers. He or she can practise as an attorney, advocate, Legal
adviser or legal academic among a variety of career choices. He/she may also enter government or
the business world as an advisor or senior executive. Such a career role indeed requires training in
and knowledge of the law in general and as it applies to international/cross-border commercial
transactions. The study of international trade law will equip the law graduate with the legal
knowledge necessary for providing basic advice in legal matters for which the services of an
attorney may be required. In the above vein therefore, the study of international trade law has
become an indispensable aspect of the training of law students, especially given the reality of
globalisation.

3.3 Purpose of the Qualification:

This module is designed to prepare legal advisers, trade policy analysts as well as legal
practitioners who may be frequently called upon to provide legal and policy advice/support or
manage matters relating to commercial transactions (or related issues) involving the movement of
goods, services, capital (including human capital) or technology across national boundaries.
Accordingly, it will aim to provide learners with sound knowledge of the content, interpretation and
practical implications of the international and national legal rules regulating trans-national
commerce. It will also provide exposure to the policy concerns, rationales and objectives driving the
sovereign, institutional, corporate and individual actors involved in treaty and decision making as
well as law enforcement and reform in the context of international trade regulation.

Part B:

LEARNING COMPONENT

4. LEARNING OUTCOMES AND ASSOCIATED ASSESSMENT CRITERIA

Learning Outcome 1:

Learners develop a sound understanding of and the ability to competently apply the (public
international law) rules and regulations governing international trade.

Assessment Criteria:

 The legal rules applicable to an issue or set of facts are identified.

 The rights and obligations created by the applicable legal rules are determined and
articulated.
 Legal advice or opinion is given based on a practical application of the relevant legal rules.

Learning outcome 2:

Learners develop an understanding of the policy concerns and objectives driving the sovereign,
institutional, and individual actors involved in the multilateral trade negotiations which produce
the rules of international trade law (especially those of the public international law genre).

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Assessment Criteria:

 The policy issue and objectives implicated either in a given set of facts or in an area of
international trade regulation are identified.
 The manner in which the relevant international and national laws address the implicated
policy issues or questions is identified, justified and or criticized.
 Proposals for change are developed and articulated based on identified inadequacies in the
current international and national legal regimes.

Learning Outcome 3:

Learners demonstrate willingness and ability to work with others in solving given
problems of international trade regulation.

Assessment Criteria:
 Participation of each learner is meaningful and contributes to the attainment of group
learning goals.
 Role playing of each learner is recorded and contributes to the attainment of group learning
goals.

Learning Outcome 4:

Learners demonstrate the ability to communicate effectively using language skills in both the oral
and written modes.

Assessment Criteria:

 participation by each learner in group learning activities which are conducted in the
appropriate medium of instruction;
 Role playing and participation by each learner in the group is recorded and contributes to
the objectives of the group activity.

Learning Outcome 5:

Learners demonstrate ability to collect, analyse, organize and evaluate information.

Assessment Criteria:

 Assignments are well-structured.

 Written presentations are logical.
 Sources used are acknowledged.

Learning Outcome 6:

Learners organize and manage themselves responsibly and effectively.

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Assessment Criteria

 deadlines for submitting work are observed.

5. CONTENT OUTLINE

Unit 1: INTRODUCTION TO THE LEGAL AND ECONOMIC ASPECTS OF INTERNATIONAL

TRADE LAW – SETTING THE CONTEXT

1. International economic relations and the law

2. the growth and importance of international trade
3. Economic theory and international trade policy
4. Foreign policy goals and international trade policy
5. Selected fundamentals of international law
6. International economic law
7. The Breton Woods System

Unit 2: The Legal Structure of the GATT/WTO System

1. Introduction: The new World trading system

2. the GATT and its troubled history
3. The World Trade Organization
4. The WTO: Membership and powers
5. Trade negotiation rounds
6. Effect of the WTO/GATT Agreements on domestic law

Unit 3: Dispute Settlement in the WTO/GATT System

1. Introduction
2. Dispute settlement in the GATT and the present WTO – Past weaknesses and Uruguay Round
improvements
3. The law of Article XXIII
Readings

 Lester, Mercurio, et al 153-236; and

 Van den Bossche 168-310

Unit 4: Border measures: Tariffs, Quotas and Non-Tariff Barriers

1. Introduction and preliminary remarks

2. GATT tariff commitments: the bindings
3. Customs law
4. GATT rules on quotas and non-tariff barriers.
Unit 5: Non-discrimination: Most-Favoured Nation (MFN) and National Treatment
Standards

1. Introduction and preliminary remarks

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 2. The most favoured nation (MFN) obligation in the GATT
3. The national treatment (NT) obligation
4. Disguised discrimination

Unit 6: Preferential/Regional and Bilateral Trade Agreements

1. Introduction
2. The Article XXIV exception
3. PTAs and Dispute Settlement in the WTO
(a) Turkey – Textiles
(b) United States – Line Pipe Safeguards
4. South African participation in regional arrangements
5. The Southern African Customs Union (SACU)
6. The Southern African Development Community (SADC)
7. The African Continental Free Trade Area (AfCFTA)

Unit 7: International Trade, the Environment and Public Health

1. Introduction and the legal principles

2. The relationship between trade and environment policies generally
3. The Article XX(b) GATT exception
4. The SPS and TBT Agreements
5. The Tuna-dolphin case, the US-Shrimp case, and EC-Asbestos casees
6. Problem and solution approach to the trade and environment debate

Unit 8: Remedies for Fair and Unfair Trade I: Subsidies and Countervailing Duties

1. Introduction
2. International obligations
3. The South African subsidies and countervailing duties regime

Unit 9: Remedies for Fair and Unfair Trade II: Dumping and Anti-dumping measures

1. Introduction
2. Anti-dumping laws-the underlying policy issues
3. The International rules on dumping
4. The South African approach to dumping

Unit 10: Remedies for Fair and Unfair Trade III: Safeguard (or Economic Emergency)
Measures

1. The policies and history of safeguard measures

2. the pre-requisites and causal requirements of an escape clause remedy
3. Safeguard remedies
4. Adjustment assistance

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Unit 11: International Trade in Services

1. The nature of services

2. The scope of the GATS
3. General obligations and disciplines
4. Specific commitments

Unit 12: Developing Countries in the Multilateral Trading System

1. Introduction
2. GATT Rules and developing countries
3. The generalized system of preferences
4. Disputes involving development issues
5. Trade and Human Rights

6. TEACHING –LEARNING METHODS

Expository lectures and class participation

7. ASSESSMENT

Continuous assessment through:

 One major test : 50%

 One assignment : 50%
 3-hour externally moderated examination : 100%

Note that ALL of the above tasks are compulsory elements of the DP requirement for LMT 422E.
Note further that there will be no make-up assignments and only one sick test. Students
should therefore pay special attention to the dates and other critical details of the Assessment
Time-Table below.

7.2 Assessment Time-Table/Plan

Assignment Description Value

Date for Major Test: 27 August 2024 This will encompass the study units and 50%
related materials covered up to the
specified date.
Date for Sick Test: 10 October 2024

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Assignment: Due Date: 20 September 2024 Preparation and timely submission 50%
of a well-researched written
assignment.

Final, externally moderated, 3-hour examination This will cover, as much as possible, all 100%
[OCT/NOV 2024] the work comprised in the syllabus

Year mark + Exam 200%

Final mark Year mark + Exam mark / 2 100%

8. ROLES AND RESPONSIBILITIES

8.1 The Learner

 Attend classes;
 Class participation and meaningful contribution to the attainment of group learning goals;
 Adhere to deadlines for submitting assignments and any other assessment tasks;
 Participate in student evaluation of the module and lecturer;

8.2 The Lecturer

 Design and specify the number and type of assessment tasks and their weightings;
 Prepare and distribute the module learning guide in a timely fashion;
 Monitor class attendance and participation;
 Provide prompt and adequate feedback to the learners on each assessment task.

9. ADDITIONAL ASSESSMENT INFORMATION

9.1. Assessment plan

1. The modes and procedures of formative and summative assessment, awarding of a

qualification cum laude, supplementary assessment, reassessment and special examinations
for learners shall be as prescribed respectively by General Rules 5, 6, 7, 8 and 9. Details of
all assessments that take place outside the examination room shall be communicated to
learners in the study guide for the module concerned, or as otherwise determined by the
Dean.

2. Learners shall be entitled to remarking and scrutiny of their examination scripts, as

provided for in General Rules 10 and 11.

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9.2 Requirement of an examination entrance (due performance) sub-minimum (General
Rule 6.9)

A student shall not be eligible to write the degree or supplementary examination in any module for
which s/he is properly registered unless s/he has obtained a minimum DP (due performance) mark
of 40% in the module. For the avoidance of doubt, this rule shall not apply to a student who is
registered for a module under General Rule 8 or under any other institutional rule that exempts
her/him from the requirement of a semester DP mark.

9.3 Requirement of an examination sub-minimum (General Rule 6.10)

Notwithstanding the provisions of General Rule 6.8, a student shall only be credited with a pass in a
module if s/he obtained a minimum of 40 percent in the degree or supplementary examination. A
student who has been unsuccessful in obtaining the examination sub-minimum mark of 40 percent
in the degree examination shall be entitled to a second chance at obtaining the said sub-minimum
mark (through the supplementary examination) provided s/he obtained a minimum final mark of
45 percent.

9.4 Plagiarism Alert

Learners must be aware that plagiarism is an academic offence prohibited in terms of the
UFH Plagiarism Policy 2022. With regard to what constitutes plagiarism, etc, see the
following extract from the said policy.

Definitions

Plagiarism, in an academic, university context, may be defined as taking and using the
ideas, writings, works or inventions of another, from any textual or internet-based source,
as if they were one’s own.

This definition covers the following aspects:

• Using the direct words of another without using quotation marks (even if the
passage is referenced);
• The unacknowledged copying of a sentence or two of text; copying more extensive
blocks of text;
• The syndication of a single piece of work by more than one student (unless the
assignment task is a legitimate group assignment);
• The borrowing and using of another person’s assignment (with or without their
knowledge and permission);
• Stealing an entire essay from another person or from the Internet; or infringing
copyright.

For the purposes of this policy, the intention, negligence or innocence of a person is not
relevant to the finding as to whether plagiarism, as a fact, has occurred. However, the state
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of mind of the person will be highly significant in determining how to deal with the case as
far as taking remedial action or imposing a penalty is concerned.

Students should note that their assignment may be submitted to an electronic plagiarism detection
software programme now available to the Faculty.

9.5 Faculty Referencing Style

In preparing and submitting assignments which require students to acknowledge their authorities
and sources in footnotes, Faculty requires that ALL students use the house style of Speculum Juris
(the law journal published by the Faculty). For this purpose, students should therefore familiarize
themselves with Speculum Juris Style Guide available on the v-drive as well as the journal’s website:
www.ufh.ac.za/law/speculumjuris.

9.6 Consequences of Cheating/Fraud

Students should carefully note that the Dean of Law will not provide a testimonial in respect of any
law student who is convicted of cribbing, plagiarism or any other form of cheating/dishonest
conduct in a test/examination or on an assignment or any assessment exercise. Without a
testimonial from the Dean, a law graduate will not (a) be admitted as an attorney; or (b) be allowed
to register for articles of clerkship – which is necessary in order to qualify for admission as an
attorney. Also, a law graduate who is not in possession of a testimonial issued by the Dean may not
(a) be admitted as an advocate; or (b) be accepted for pupilage training – which is necessary for
admission to the bar (of advocates).

10. COURSE READINGS

10.1 Prescribed Textbooks:

1. World Trade Law: Text, Materials and Commentary by Simon Lester, Bryan Mercurio with
Arwel Davies (2012) – published by Hart Publishing;
2. The Law and Policy of the World Trade Organization: Text, Cases and Materials (3rd ed, 2013)
by Peter Van den Bossche; published by Cambridge University Press; AND
3. The Legal TEXTS: The Results of the Uruguay Round of Multilateral Trade Negotiations
(1994) Published by the WTO and Cambridge University Press.

Student’s attention is hereby drawn to the fact that the above textbooks are not South African
publications hence there is a compelling need for students to supplement their reading by
consulting South African (SA) sources to which reference will be made during classes. Some of the
SA sources will be posted on Blackboard.

10.2 Recommended Readings

1. Understanding Trade Law (2016) by Michael J. Trebilcock – published by Edward Elgar

Publishing

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 2. International Economic Law (2008) by Andreas F. Lowenfeld – published by Oxford
University Press
3. The Political Economy of the World Trading System: The WTO and Beyond (2009) by
Bernard M. Hoekman and Michel M. Kostecki - published by Oxford University Press.
4. The World Trade Organisation: A Guide to the Framework on International Trade
(1999) by Bhagirath Lal Das - published by ZED Books.

10.3 Treaties and Statutes

1. The General Agreement on Tariffs and Trade (GATT) 1994

2. The General Agreement on Trade in Services (GATS) 1994
3. The Marrakesh Agreement Establishing the World Trade Organisation, 1994
3. Declaration and Treaty of the SADC, 1992
4. Southern African Development Community Protocol on Trade as amended, 1996
5. Southern African Customs Union Agreement of 2002
6. International trade Administration Act 71 of 2002
7. Customs and Excise Act 91 of 1964

10.4 Useful and Relevant Websites

1. www.wto.org
2. www.tralac.org
3. www.worldtradelaw.net
4. www.dti.gov.za
5. www.itac.org.za
6. www.sadc.int
7. www.sacu.int

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