Trade remedies are the most popular area in international trade law practice and the most adjudicated at the World Trade Organisation (WTO). They are actions taken by governments to counteract “dumping” through antidumping measures, subsidies through countervailing measures, and unexpected increases in the volume of imports through safeguard measures, for the protection of domestic industries. A typical form of these measures is an imposition of additional import duties on the top of the standard ones. WTO members are free to resort to trade remedies but must follow the relevant WTO rules.
This course offers a comprehensive and detailed study of the laws and practice of trade remedies. It studies the rationale for trade remedies; the domestic law and practice in selected countries with a focus on Australia (as an active user of trade remedies) and China (as a major target of trade remedies worldwide); the relevant WTO rules and major dispute settlement cases; negotiations of reforms of WTO rules on trade remedies; and the regulation of trade remedies under free trade agreements (FTAs). The course offers abundant opportunities for students to gain legal expertise and practical experience through case studies, simulation, and face-to-face discussion with leading trade and commercial lawyers. As the laws and practice of trade remedies in different jurisdictions share common features and create common issues, this course will provide the knowledge and practical skills necessary for further studies and trade law practice in all major jurisdictions (e.g. Australia, China, the US, the EU, Canada, and India).
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