Course title

WTO Law

Teacher(s)Rostam J. NEUWIRTH、SAITO Akira

Numbering Code

Day・Period

Other

開講区分

単位数

2nd semester

1.0

Timetable Slot
Code3J334

Lesson topic
International trade law and policy is back in the global news. Since the Doha round negotiations were initiated in
2001, international trade law and in particular multilateral trading rules under the aegis of the World Trade
Organization (WTO), were either neglected or shadowed by vast regional economic integration projects, like theTransatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the Trade inServices Agreement (TiSA) as well as more novel initiatives like the BRICS cooperation and the Belt and Road
Initiative (BRI). Since the change in the US administration in 2017, a global trade war between the United Statesand China as well as other important trading partners has emerged and is currently waging as well as threatening tofurther escalate.
To counter the dangers of global trade relations turning from a constructive and mutually beneficial relationshiprequires first a good knowledge of the rules laid down in the existing multilateral trading regime. Second, it also
requires a proactive global governance debate that addresses the “trade linkage debate” and the regulatory
challenges arising from the complexity of global affairs today with the overall aim of reforming the architectureof the global legal system.
For these reasons, the course retraces half a century of the evolution of international economic law in general andthe multilateral trading system established first under the General Agreement on Tariffs and Trade (GATT 1947) andlater under the WTO in particular. The course will also follow the trend towards an increase in the negotiation andconclusion of regional trade agreements (RTAs), which could be observed on each continent and even between
countries of different continents.
Lesson target
The general objective of the present course is to address the past achievements in International Economic Law andto critically contrast them with the main challenges deriving from a constantly as well as rapidly changing global
environment as captured by the notion of the “global governance debate”.
Particularly the course aims to provide the participant with a comprehensive overview of the central features,
basic processes as well as most important challenges to the successful regulation of international trade mattersagainst the wider context of the governance of global affairs in a peaceful and sustainable manner. It will also
focus on the conceptual challenges linked to the trade linkage debate, which covers numerous “trade and … pairs”
and aims at reconciling so-called “trade issues” with “non-trade issues”. Finding a sustainable solution to thegreat “trade and … problems”, like “trade and culture”, “trade and environment”, “trade and health” or“trade and human rights” reflects the urgent and growing need for greater coherence in global law andpolicymaking in the future.
Syllabus and plan
In terms of content and structure, following a brief general introduction to the context of the global governancedebate, the course will first trace back the history and evolution of the GATT/WTO system from its beginnings in
the first half of the 20th century until the creation of the WTO in 1994. Against the backdrop of the theory ofcomparative advantage, it then presents the basic legal tools and principles governing the regulation ofinternational trade, among which feature notably the National Treatment (NT) and the Most-Favoured Nation (MFN)principles. The legal instruments and the dynamics they generate will be critically contrasted with various
theories of economic integration and their respective stages from trade liberalization to market integration (e.g.
1. international cooperation; 2. free trade area; 3. a customs union; 4. an economic and monetary union; and 5.
political or complete integration). This part will also be complemented by a discussion of the role of regional
trade agreements (RTAs) for the progress of multilateral trade negotiations. Subsequently, the central agreements
administered by the WTO, notably the GATT, GATS, TRIPS as well as the TBT & SPS Agreements will be briefly
presented. This will be followed by a discussion of the problems related to regulatory gaps between so-called“trade issues” and “non-trade issues”, as they are subject to the “trade linkage debate” featuring several“trade and … problems”, such as ‘trade and culture’, ‘trade and public health’, or ‘trade and environment’
to mention but a few. Finally, and before concluding with an outlook to the future of the regulation ofinternational trade law, various conceptual and theoretical models, such as those captured by the terms “creativeeconomy”, “creative industries”, “international inter-regime regulatory co-opetition” or “multilateralizationof regionalism” as well as the “data economy” will also be touched upon. Their discussion also serves tohighlight the conceptual and cognitive challenges in the regulatory process caused by an increasing complexity andacceleration of the pace of change that characterize the present era.

Evaluation method
The evaluation will be based on course participation and a short (research) term paper (approx. 3000 words incl.
footnotes)
Evaluation baseline
With the method stated above, grades will be determined in accordance with the degrees of achievement of theobjectives.
Notice (include info. on related class)
N/A
Review and preparation
It is strongly recommended to read the course outline carefully as well as the suggested reading materials.
Supplementary materials are made available for background information on the issues discussed.
Office hour・Contact information

Message for student
Teaching devices in lectures: teaching, discussion and presentation.
Improvemenets in Teaching

Text
Details will be notified to participants before the course starts.
Law in the Time of Oxymora: A Synaesthesia of Language, Logic and Law, pp1-24 / Rostam J. Neuwirth : Routledge,2018 ,ISBN:“The Day After Tomorrow: Evaluating the Burden of Trump’s Trade War” (2018) 17(1) / Meixin Guo et al. : Asian
Economic Papers 101 ,2018 ,ISBN:“Governance in the 21st Century” / James N. Rosenau : 1 Global Governance 13 ,1995 ,ISBN:
Reference Material
Details will be notified to participants before the course starts.
“The Metarmophoses of the GATT: From the Havana Charter to the World Trade Organization” (34 Colum. J.
Transnat’l L123) / Paul Demaret : ,1995 ,ISBN:‘Relations of the WTO with other International Organizations and NGOs‘, in International Economic Law with a
Human Face eds. Friedl Weiss, Erik Denters and Paul de Waart / Wolfgang Benedek : The Hague: Kluwer Law
International ,1998 ,ISBN:The Theory of Economic Integration (at 1-17) / Bela Balassa : London: George Allen & Unwin Ltd ,1962 ,ISBN:Classroom Language
EnglishKeywords
Global Governance, International Economic Law, WTO Law, Trade Linkage Debate, Trade and Problems, Creative Economy,
International Inter-regime Regulatory Coopetition