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COURSE DESIGN

HAMDARD INSTITUTE OF LEGAL STUDIES AND RESEARCH (HILSR)

Name of the Academic Programme: BALLB

Course Code: BALLB-903 Title of the Course: International Trade Law


L-T-P: 4-0-0 Credit 4

(L= Lecture Hours, T= Tutorial Hours, P= Practical Hours)

COURSE LEARNING OUTCOMES (CLOs)

After completing this Course, the students should be able to:

CLO-1: Appreciate the evolution and role of GATT and WTO in regulation of international
trade (Cognitive Level: Evaluate).

CLO-2: Apply and evaluate the various principles of international trade laws (Cognitive Level:
Apply).

CLO-3: Analyze the contemporary challenges on issues involving international trade law and its
functioning in India (Cognitive Level: Analyze).

CLO-4: Analyze the fundamental principles of international agreements with respect to trade in
goods and services (Cognitive Level: Analyze).

CLO-5: Examine the role of international trade laws in the overall development of the economy
of the world (Cognitive Level: Analyze).

CLO-6: Appraise the formation and implementation of different international trade agreements
(Cognitive Level: Analyze).

Mapping of Course Learning Outcomes (CLOs) with Programme Learning Outcomes


(PLOs)

PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8 PLO9 PLO10 PLO11 PLO12
CLO1 3 1 3 2 3 2 1 2 3 3 2 3
CLO2 3 1 3 3 3 1 1 2 2 2 1 3
CLO3 3 1 3 2 2 2 1 2 3 3 2 3
CLO4 3 1 3 3 3 1 1 2 2 2 1 3
CLO5 3 2 3 3 3 2 1 2 3 3 2 3
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CLO6 3 2 3 3 3 2 1 1 2 1 1 3

Detailed Syllabus:

Unit –I: Origin and Evolution of GATT & WTO


1.1 Global Economics and International Trade Law
1.2 Protectionism vs Free Trade
1.3 Birth of GATT, 1947
1.4 GATT Rounds of Negotiation Including Doha Round and After
1.5 The WTO: Its Genesis (Uruguay Round 1986 to 1994)
1.6 The WTO Charter and GATT 1994, WTO Agreements, Understandings, Annexes
1.7 Objectives, Function and Structure of WTO, Membership, Decision Making Process,
Voting, Amendment, Waiver etc.
1.8 Dispute Settlement Procedures under GATT and WTO

Unit-II: The Principles of Non-Discrimination in GATT & WTO


2.1 Most-favoured-Nation Treatment (MFN): its background and history, meaning,
scope, significance & advantages, meaning and scope of ‘like products’.
2.2 Exception to MFN: Customs Unions and Free Trade Areas, Generalised System of
Preferences, Subsidies Code and Government Procurement Code, Escape Clause,
Regional Associations like NAFTA, BRICS, SAFTA, TTIP etc.
2.3 National Treatment Principle (NT): its Origin & Scope, Meaning, Methodology.
2.4 Exceptions to National Treatment Principle.

Unit-III: Agreements on Subsidies and Countervailing Measures, Dumping and Anti-Dumping


Duties
3.1 Subsidy, Specificity and Identification of Subsidies that are Subject to the SCM
Agreement.
3.2 Regulation of Specific Subsidies.
3.3 Anti-dumping: A Basic Overview.
3.4 Anti-dumping Investigation.
3.5 Anti-dumping Measures.
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3.6 Challenging AD Measures in WTO Dispute Settlement.

Unit -IV: Agreements on Trade, Services and Trade-Related Investment Measures


4.1 The Scope of General Agreement on Trade and Services (GATS).
4.2 General Obligations and Disciplines.
4.3 Specific Commitments under GATS.
4.4 Objectives and Coverage of Trade-Related Investment Measures (TRIMs).
4.5 National Treatment and Quantitative Restriction, Inconsistent TRIMs.
4.6 Notification and Transitional Agreements, Transparency.
4.7 Provision for Developing Country Members.

Unit -V: Export Trade Transactions and International Commercial Contracts


5.1 Types of International Contracts and Standard Trade Terms (CIF, BOB, FAS).
5.2 Formation, Enforcement of International Contracts and Rights and Liabilities of
Parties to International Contracts.
5.3 Payments in International Trade
a) Law Relating to Bills of Exchange
b) Law Relating to Commercial Credit in International Trade
c) Letter of Credit: Types
5.4 Law Relating to Carriage of Goods in International Trade

Reference Books:
1. Raj Bhala, International Trade Law: An Interdisciplinary Non-Western Textbook
(Vol. 1 & 2, Lexis Nexis, 2015).
2. Schnitzer Simone, Understanding International Trade Law (2 nd ed., Universal, 2010).
3. Autar Krishen Kaul, A Guide to the W.T.O. and GATT: Economics, Law and Politics
(Satyam Law International, 2018).
4. Mitsuo Matsushita et al., The World Trade Organisation Law: Law, Practice and
Policy (3rd ed., OUP, 2017).
5. Indira Carr, International Trade Law (5th ed., Routledge, 2014).
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6. Carole Murray, David Holloway, The Law and Practice of International Trade (12 th
Ed., Sweet & Maxwell, 2015).
7. Dr. S.R. Myneni, International Trade Law (3rd ed., Allahabad Law Agency, 2014).

Teaching-Learning Strategies in Brief:

In addition to the class room teaching through ICT and audio-visual aids, the teaching learning
strategies for this course also include numerous pedagogies, such as guided self learning, peer
learning, case studies, learning through group projects, field studies and experiential learning.

Assessment Methods and Weightages in Brief:

In addition to summative assessment, various formative assessment tools are to be used for
assessment of performance of the students in the light of the Course Learning Outcomes (CLOs)
of this course. Formative assessment tools, such as Time-constrained examination, problem
based assignment, team project reports followed by oral presentation and viva voce shall be used
for assessment. Real time feedback, guidance, course correction, mentoring and monitoring of
the students performance shall be the key features of assessment methods. The course has a
weightage of 100marks. 75% of the marks will be covered by the End Semester Examination;
where as 25% will constitute internal assessment to be done by the concerned instructor.

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