Graduate Diploma in International Economic Law

Australia is one part of a global movement toward clean energy, including energy generation, supply chains and transportation.

The kinds of projects being delivered are diverse, including those required to produce clean energy, and all ‘supporting’ projects crucial to the energy transition such as storage and mining. A few examples include:

• ‘big batteries’, both artificial (such as lithium-ion battery terminal stations), natural (such as pumped hydro) and hybrid (such as compressed air energy storage) storage solutions
• hydrogen generation and supply chains
• ancillary industries including electrolyser manufacturing and ammonia production facilities
• wind farms, both onshore and offshore
• industrial scale solar arrays
• carbon capture and storage technologies
• increased transmission interconnectivity, including overland transmission lines and subsea transmission cables
• projects which combine these elements (eg solar or wind farms in a remote location, linked to the place of supply by subsea cables).

The law (private and public) and practice relating to the successful planning, procurement, risk allocation and delivery of these projects is equally diverse and evolving. Certain aspects of that law and practice is unique to Australia, however Australia's clean energy future is part of global technological ecosystems and supply chains, and global trends continue to influence the legal and practical issues arising from these kinds of projects.

This subject seeks to provide students with an understanding of the private and public law affecting these projects individually, and the overarching themes that connect these projects as part of a global trend.

This subject seeks to equip lawyers and industry professionals with the expertise required to provide appropriate advice, or suggest regulatory reforms, in relation to projects in the clean energy transition. In particular, it will explore the issues which arise due to the untested technologies implemented in this transition, a new and evolving landscape of regulatory frameworks, and ancillary issues such as supply chain security, local community engagement and the rise of governments mandating ‘friend-shoring’.

The subject will take students through a life cycle of a clean energy project from initiation through to resolving disputes and decommissioning.

Indicative list of principal topics:

• Introduction to the clean energy transition and overview of the kinds of projects that are involved.
• Project funding, equity and ownership structures, insurance issues on projects involving nascent international supply chains and cross-border joint ventures.
• Planning, approvals and environmental regulation, and project envelope, including various Australian state/territory and Commonwealth environmental and planning regulatory regimes, land rights and water access issues, and potential application of royalty regimes.
• Procurement and contracting models, risk allocation issues and delivery risks on a project type-by-type basis, including hypothetical risk scenarios and lessons learned from Australian and international jurisprudence.
• Transmission and connectivity issues, such as high-voltage above ground transmission, subsea cables, trucking and pipeline reform, such as State-based pipeline legislation and Commonwealth Heavy Vehicle National Law and Regulations.
• OH&S framework, including Safety on-site: construction sites, sites involving handling of dangerous substances, and Australian state/territory-based dangerous goods legislation.
• International investment and trade, including Investor-state dispute settlement and international shipping standards for nascent assets (eg, liquified hydrogen) and the UN Convention on the Carriage of Goods by Sea.

Students interested generally in the Construction Law program in the Melbourne Law Masters are encouraged to explore the Construction Law subject selection PDF guide.

View detailed information in the Handbook

Climate change is increasingly necessitating systemic change to the structure of the global economy and financial system. This subject will examine the interaction between climate change law and policy and these systemic changes. It considers a range of legal, policy and financial tools that governments around the world have used to try and manage responses to climate change, such as carbon pricing, green fiscal spending, climate risk disclosure and emissions regulations. It critically evaluates these legal, financial and policy approaches, and the economic theory underpinning them.

Our subject introduces students to these climate change legal and policy approaches through case studies across different themes (carbon markets, sustainable finance, energy, transportation) and geographies. Guest speakers with legal, sustainable investment and public policy backgrounds will join the course to speak to some of these case studies. By drawing together economic theory and practitioner-informed case studies, we will provide students with the knowledge, tools, and networks to critically assess and participate in the future development of regulatory regimes, policies and financial mechanisms which might help arrest global warming.

Indicative list of principal topics:

• An introduction to climate science,
• Key debates in climate change economics
• International and domestic law frameworks
• Market-based legal mechanisms: pricing carbon externalities
• Information based regulatory approaches to carbon emissions
• Emerging legal risks – greenwashing, climate litigation and investor actions
• Green industrial policy, state-owned enterprises and innovation ecosystems
• Emissions caps, performance standards and other forms of regulation

View detailed information in the Handbook

Commercial Aspects of International Law highlights the growing importance of public international law for transnational commercial activity. It will examine how public international law may apply and have practical use in a wide variety of international business matters.

The subject will introduce students to the basics of relevant public international law principles (e.g. sources of international law, individuals as subjects of international law, state responsibility for wrongful acts and sovereign immunity). Thereafter, the majority of our subject will be devoted to topic areas in which public international law impacts commercial rights and obligations (e.g. the role of international law in contracts, double tax treaties, environment and climate change regulation, free trade agreements, investment protection treaties, UN sanctions, corporate social responsibility and business and human rights). Our classes will take the perspective of the rights and obligations of commercial enterprises under public international law.

View detailed information in the Handbook

CSIRO’s Data61 digital research network describes blockchain technology as ‘a revolutionary new approach to database management’ that will prompt ‘significant changes in existing Australian industries’. Yet, despite significant investments of time and money by institutions around the world, we still lack robust proof of social or commercial benefit. Several years have passed since Bitcoin’s ‘Genesis Block’ was mined, but that foundational use case—digital cash without traditional intermediaries—has not challenged the legacy payments infrastructure. Where blockchain-based assets are used as monetary instruments rather than investments, those transactions are atypical in subject-matter and frequency.

All of this begs the question: if the goal of blockchain technology is to eliminate ‘trusted third parties’, why is that something to aspire to? Is the answer to that question commercial or political? And, most importantly, is it correct? The aim of this subject is to answer these questions, and to do so by situating cryptoassets in their global context—as a matter of law, economics, politics and society.

View detailed information in the Handbook

International trade is being transformed by the globalisation of the internet and the ability to move data across borders. Small businesses and firms in developing countries are using internet platforms such as eBay and Alibaba to engage in international trade. Software, music and books that used to be traded physically are now being transmitted digitally across borders; lawyers, consultants and other professional services are using the internet to reach new markets. Data analytics and cloud computing have become essential tools for firms in domestic and international markets.

This subject will examine the impact of the internet and global data flows on international trade. Students will learn about the varied and innovative ways that the internet and data enable international economic activity. Students will look at how government regulation in areas such as privacy and national security affects digital trade and will examine the balance between achieving these goals and maximising opportunities for trade, growth and jobs. Students will learn about the extent to which international trade rules of the World Trade Organization (WTO) and free trade agreements such as the Trans-Pacific Partnership Agreement support an open internet and global data flows; will identify gaps in law and practice; and will analyse where new global norms and rules are needed. Special topics covered may include: the opportunities of digital trade for developing countries and small and medium enterprises (SMEs); challenges posed by the 'Internet of Things' and privacy regulation; and digital trade and national security.

Indicative list of principal topics:

• Overview of the globalisation of the internet including global trends in internet access and use
• The economics of the internet - students will learn how internet access and global data flows are improving productivity, enabling innovation and expanding opportunities for global engagement
• What is the impact of the internet and data flows on international trade? This will include the role of digital platforms and the increasing importance of digital services trade
• What are the barriers to digital trade, who is erecting them and why? Students will learn about the regulatory challenges to digital trade in areas of consumer protection, financial and privacy laws and the different approaches being taken in the European Union, the United States and Australia, and consider how to achieve domestic regulatory goals while maximising digital trade
• Applying international trade law to digital trade issues and identifying the legal gaps - students will analyse where existing international trade rules apply to digital trade issues. This will include analysis of WTO agreements and cases as well as new trade rules in free trade agreements. Gaps in trade law will be identified and students will consider whether new trade rules and norms are needed and where they can be negotiated.

View detailed information in the Handbook

The International Monetary Fund (IMF) and the World Bank are arguably two poorly understood international organisations. Both are key components of the international monetary and financial architecture. They also play a vital role in national economies (as seen for example in the IMF's involvement in the Euro-zone crisis or in addressing the economic dislocations caused by global events and its analytical work on the prevention and resolution of financial and sovereign debt crises) and international development. This subject will focus on the IMF and World Bank while also providing students with a sophisticated understanding of the broader international financial system and its problems. The subject provides a valuable insider's perspective on the 'Bretton Woods' institutions.

View detailed information in the Handbook

This subject is a basic 'how-to' on international business transactions and is essential for those wishing to practise international trade law. The subject intentionally covers a vast array of related topics, with the focus being on the legal issues faced by practising lawyers in the field. Particular emphasis is placed on issues such as trade terms, international sales of goods, documentary credits, carriage of goods, customs and border regulations. This subject also considers several issues relating to international trade, such as intellectual property rights, licensing, franchising and governmental measures regulating investment. Such coverage ensures students are exposed to the most important and frequent issues facing the practising trade lawyer.

Indicative list of principal topics:

• Basic trade contracts and common trade terms
• Choice of law and choice of jurisdiction in international trade contracts
• The Vienna Convention on International Sale of Goods
• Payment systems, including documentary credits and collections
• Customs law, including classification and valuation of the goods
• Import and export restraints
• Regulatory issues and red tape
• Franchising
• Intellectual property rights, including parallel importation of goods
• Foreign direct investment.

View detailed information in the Handbook

International commercial arbitration is the most important method globally for resolving cross-border commercial disputes. The focus of this subject is on the basic principles of international commercial arbitration law and is taught from the perspective of both the practitioner advising clients and the scholar interested in advanced research. There will be a particular focus on the desirability of arbitration compared with other dispute resolution methods, the relationships between the courts and arbitrators, drafting techniques and developments in Australia and other countries.

Indicative list of principal topics:

• The nature of international arbitration
• Applicable law in international arbitration
• The Australian procedural regime and an introduction to the UNCITRAL Model Law
• Enforcing international arbitration agreements
• Appointment and qualifications of arbitrators
• Misconduct of arbitrators
• Privacy and confidentiality
• Enforcement and challenge of awards.

View detailed information in the Handbook

Newspaper headlines frequently concern global economic issues, from trade disputes between countries and investment claims by foreign investors against sovereign states, to countries facing balance-of-payments crises and seeking assistance from the International Monetary Fund (IMF).

This subject examines the law governing global economic issues. It is designed both as a comprehensive introduction in its own right to this important field, as well as a foundation for further exploration through specialist subjects in the curriculum.

We begin with a focus on international trade law, particularly the rules and dispute settlement procedures of the World Trade Organization (WTO). It then discusses contemporary developments in international trade law and policy, including the negotiations for regional or bilateral preferential trade agreements. We then consider international investment law, examining key substantive obligations relating to investor protection and investor-state dispute settlement mechanisms (particularly through the International Centre for Settlement of Investment Disputes (ICSID)). Finally, the subject provides an introduction to the lending policies and practices of international financial institutions, particularly the IMF and the World Bank.

View detailed information in the Handbook

International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject also evaluates the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.

indicative list of principal topics:

• Nature, evolution and context of international investment law
• Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization (WTO)
• Scope of protection: definition of ‘investor’ and ‘investment‘
• Relative obligations of non-discrimination: most-favored-nation (MFN) and national treatment
• Obligation to accord foreign investors ‘fair and equitable treatment‘
• Expropriation and the quantification of compensation
• Arbitration under the International Centre for Settlement of Investment Disputes (ICSID) Convention

View detailed information in the Handbook

Intellectual property (IP) occupies a central, if actively contested, place in international trade and political relations. * The COVID-19 pandemic saw widespread calls for international IP rules to be effectively suspended in the interests of global equity, while its defenders claimed the IP system was critical to a global response to the pandemic. National security issues and the fallout from geopolitical shifts are accentuating tensions over IP, which has become more than a trade or economic issue. Major disputes have arisen between the world's three major trading economies, China, the European Union and the United States, over how effectively IP should be protected. Developing countries contend with political and economic pressure when seeking to maintain and exercise policy space in their IP systems to pursue national development priorities. Australia has defended its tobacco plain packaging measures over how to reconcile IP protection with public health , with wider implications for how the public interest is to be balanced with private rights. Formal dispute settlement has had to address the relationship between national IP laws and measures for national security. The significance of IP as an investment asset has seen increasing prospect for disputes under investment treaties.

International disputes over IP are an unavoidable consequence of the much stronger focus on IP in assessments of national economic and policy interests. But will these disputes be managed within the framework of the rule of law, or does economic and political power ultimately prevail? This is not a new question. From the mid 1980s, a growing perception that inadequate or unbalanced IP protection was undercutting the economic interests of major economies made disputation about IP inevitable. The resulting tensions were a critical factor behind the inclusion of IP standards in the World Trade Organisation (WTO) system of multilateral trade law, in the form of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Rather than resolving disputes over IP protection through bilateral wrangling and unilateral pressure, the rule of law would be applied in a predictable, transparent and equitable way through the multilateral dispute settlement mechanism maintained by the WTO, building on the major conventions separately administered by the World Intellectual Property Organisation (WIPO).

Yet TRIPS has been followed by a sharp rise in the conclusion of bilateral and regional trade and investment agreements that establish alternative or complementary sets of standards on IP and mechanisms to resolve IP disputes. The result is an intricate array of overlapping substantive standards and parallel forums for dispute settlement. And the very notion of settling disputes with reference to a stable and agreed body of law, through transparent multilateral procedures, faces a renewed challenge. The WTO's dispute settlement system is partially paralysed: the formal avenue for appeal remains in suspension, and governments seek to bridge their differences over reform proposals.

This subject enables students to navigate this complex legal landscape and to deal with its consequences from three interlocking perspectives: the practice of dispute settlement practice, the legal principles and public policy implications, and international governance and the management of trade and political relations at a time of tension. This will cover key international cases, strategies for treaty interpretation and approaches to reconciling IP protection with other policy imperatives and with other legal and regulatory systems. The course will examine the implications of the COVID-19 pandemic and the international response to it, including proposals for a waiver of TRIPS obligations, and will address the public health dimension of dispute settlement. We will also consider the implications of the increasing reference to national security considerations in relation to IP law and policy, and recent disputes concerning enforcement of patents in critical areas of information and communications technology.

Indicative list of principal topics:

• A practical anatomy of international intellectual property conventions, standards and institutions, from the creation of the major multilateral systems within WIPO and the WTO, to the current trend towards bilateral and regional deals
• The political economy of international intellectual property: the economic, political and technological factors driving disputation over IP and the creation of competing dispute settlement mechanisms, and the contemporary challenges for the continuing rule of law as the basis for containing and resolving disputes
• The core principles of international IP law: IP principles and the idea of 'balance', the preservation of 'space’ for domestic law and policy, the integration of trade law and public policy principles into international IP law, and integrating human rights perspectives and sustainable development goals into readings of IP conventions.
• The distinctive features of international IP dispute settlement: cause of action, sources of law, remedies and challenges for treaty interpretation
• Dispute settlement practice and emerging TRIPS Agreement jurisprudence under the WTO: a survey of TRIPS disputes and the use of TRIPS in cross retaliation, and a close analysis of landmark disputes, including tobacco plain packaging cases, and cases touching on national security and critical platform technologies.
• The implications of the WTO Ministerial Decision on TRIPS in response to the COVID-19 pandemic and of proposals for a pandemic waiver of TRIPS obligations.
• The evolving architecture of bilateral and regional trade and investment agreements covering IP: the practical implications for treaty interpretation, for the initiation, management and settlement of IP disputes in multiple fora, and for domestic law and policy
• Compliance and monitoring of compliance: the institutional mechanisms, and the sources of information for practitioners and government officials, for legal and policy analysts and for scholars.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed as an introduction to international law and, therefore, provides students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of issues such as dispute settlement, jurisdiction and immunities, and the use of force. Contemporary examples will be used to enrich student learning. Students will be encouraged to critically evaluate the position and relevance of international law in international politics and society by addressing past and current developments through case studies. The members of the teaching team are scholars in international law who have developed specific areas of specialisation in international law.

Indicative list of principal topics:

• The nature, purpose and language of international law
• Sources of international law
• International legal personality, statehood and sovereignty
• Jurisdiction of states and jurisdictional immunities
• The responsibility of states for violations of international law
• Peaceful settlement of disputes and the functions of the International Court of Justice
• Regulation of the use of force in international relations (jus ad bellum)

This subject provides an introduction to the basic concepts and norms of the public international legal order. It is designed for those with no (or very limited) background in international law. Students who have completed an undergraduate subject in international law or have some professional experience are advised to consider other international law offerings.

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend part-time students enrol in this subject when they first start their program of study. For full-time students, Principles of International Law (LAWS90295) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This interdisciplinary subject will examine the relationships between international trade and competition policies from both legal and economic perspectives. The subject will focus on anti-competitive practices of an international scope and how they may be addressed by trade and competition rules. It will canvass the tensions and complementarities between these two areas of policy, as well as incorporate general public policy, commercial diplomacy and institutional considerations. In addition, anti-dumping/safeguards law and practices and how they relate to competition law will be taken up and their link with market access opportunities explained.

The course will cover the interface between international trade and competition policy and include a discussion of the various initiatives to address international competition law problems, and options to regulate competition law in the World Trade Organization and through other means. Contemporary issues driving new initiatives to reform the World Trade Organisation, the Comprehensive and Progressive Trans-Pacific Partnership, Transatlantic Trade and Investment Partnership and the Regional Comprehensive Economic Partnership will be discussed.

Indicative list of principal topics:

• Introduction to trade and competition policies: key definitions, concepts, contexts and interdependencies
• Framework for trade liberalisation: a review of trade theories, trade policy, rent seeking, lobbies, corruption and incentives
• Principles of the trading system: most-favoured-nation, non-discrimination, national treatment, prohibition of quantitative restrictions, prohibition of dumping and subsidies, anti-dumping actions and countervailing measures, General System of Preferences (GSP) for developing countries, regional trade arrangements
• Principles of competition policy: theoretical models vs competition restrictions in real world, including dominance, strategic behaviour, anti-competitive mergers, horizontal and vertical agreements and government restrictions
• The interface between the competition and trade policies: comparison of analytical approaches used by competition law and trade policy, including in relation to market definition, harm assessment, remedies, sanctions, countervailing and retaliation measures, dispute resolution, arbitration and judicial review.

In addition to lectures, group discussions and student presentations, case studies drawn from the WTO Dispute Settlement Body will be used to show “real world” examples of the challenges policy makers face in resolving cross border trade and competition issues.

View detailed information in the Handbook

The objective of this course is to provide an understanding of contemporary development issues and the relationships between development policies and international trade law in the context of a globalised world economy.

The course begins with a review of some of the most prominent theories of economic development, describes approaches and definitions of economic development, tools and strategies for making development goals achievable, and explores views about the nature of economic, social and human prosperity. Students will undertake a comprehensive examination of development policies from the protectionism of the 1960s to the Post ‘Washington consensus’ paradigm, the challenges of mainstreaming development in the WTO (‘WTO’), and the current crisis facing the Multilateral Trading System; the emergence of mega regional trading blocks, and the current debate on future International Trade Agreements will be a focus of the course. Contemporary trade and development policy issues such the evolution of global value chains (‘GVCs’) and their consequences for free trade agreements, beyond the border regulations, state-owned enterprises (‘STEs’), and inequalities in opportunities and income will be examined from a perspective of international trade law and development policy, using case studies as appropriate.

The course then present the rationales for free trade & protection, the distributional consequences of trade, the impact of trade on employment and growth and the challenges presented by deeper international economic integration. The next sections of the course consider the World Trade Organization (WTO) and explore negotiation mechanisms and principles, the rules relating to market access, fair trade, safeguards and the system for dispute settlement and retaliation. The final section considers major issues facing the multilateral trading system and the role of developing countries in building a new international economic architecture.

Indicative list of principal topics:

• Goals, scope and measurement of economic development;
• International Law and Development;
• Developing countries in the world economy;
• The Multilateral trading system and the developing counties;
• International Trade law and their Effects on economic development;
• The participation of developing countries in the Mega Regional Trade Agreements;
• The Emerging Mega Regional Trade Agreements and the Future of the WTO
• Selected case studies on trade and development from the WTO Dispute settlement Mechanism.

View detailed information in the Handbook

The rules governing international trade and investment are of great importance to almost every country in the world. Many legal relationships are necessary for goods to be traded from one country to another and for parties in one country to invest in another, and they are all predictably flavoured by the issues that arise when different legal systems interact. This subject gives an overview of the private international law issues that arise when goods are traded from one country to another, and considers the public international law issues that arise when governments try to influence the subject of international trade as well as the international and regional framework that exists for this purpose. The goal of the subject is to examine the international legal frameworks governing trade.

Indicative list of principal topics:

• Commercial trading relationships

  • International sale contracts and the law governing them
  • Framework agreements
  • Payment mechanisms
  • The impact of 2020s technology (trade in data, blockchain verification, etc)

• Long-term trading relationships

  • Antitrust/pro-competitive concerns about exclusive distribution arrangements
  • Parallel importing in relation to products protected by intellectual property rights
  • Compulsory licensing

• GATT/WTO

  • The framework as designed, including dispute settlement
  • The framework in the 2020s, including (particularly) dispute settlement
  • The impact of regional trade agreements and bilateral free trade agreements on the multilateral ‘rules-based’ trading system

View detailed information in the Handbook

The law of export controls and trade sanctions is emerging as a key area of legal specialisation. This area of law was traditionally focused on trade in arms and military equipment but has gained prominence in recent years with expansions into new areas such as semiconductors, 5G technology, artificial intelligence, quantum computing, and cross-border data flows. With this rapid expansion and the high stakes of non-compliance, many multinational companies are implementing policies to ensure continuing conformity with this complex and evolving area of law.

This subject offers a comprehensive introduction to the law of export controls and trade sanctions, including both the international framework (e.g. UN instruments, Wassenaar Arrangement, the Australia Group) and the domestic rules of major jurisdictions (US, EU, UK). Students will explore the substance and coverage of the rules in this legal regime, including key concepts such as “dual-use” products, “technology transfer”, “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement and violations. Students will also examine the role of major institutions involved in the governance of these regimes. This subject is not about the "right" answers – rather, in light of the descriptive nature of the subject, students will be asked to think critically and develop their own thinking about the existing rules and governance, including the differing perspectives on whether they are fit-for-purpose and capable of adequately addressing new subjects such as critical minerals and advanced technologies. Students will also consider the Australian-specific context, such as how AUKUS is changing the domestic legal landscape.

This subject is suitable for those interested in developing their understanding of this emerging area of law, as well as those interested in practicing in the commercially-relevant field of export controls and trade sanctions. Please note that this subject does not encompass WTO law and is not related to the work of the WTO, and knowledge of WTO law is not required.

indicative list of principal topics:

• a comprehensive introduction to the law of export controls and trade sanctions, which comprises a collection of rules from international treaties and arrangements (e.g. UN instruments, Wassenaar Arrangement, the Australia Group), and the domestic legal frameworks of major jurisdictions (e.g. United States, European Union, China, United Kingdom, Australia);
• the coverage and scope of these varying rule-sets (e.g. ITAR, EAR, and FACR in the US, and their counterpart legislation in Australia and other major jurisdictions) as well as how these varying rule-sets interact with one another, and the role of major institutions involved in the governance of the regime (e.g. OECC, BIS, OFAC);
• key concepts in this legal regime such as “dual-use” products, "strategic goods lists", “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement mechanisms and the consequences of violations;
• challenges faced by the existing legal regime, particularly whether it is fit-for-purpose in the modern world amidst allegations of worldwide smuggling/evasion networks, and whether it is capable of adequately addressing new areas such as critical minerals, forced labour, and outbound investment;
• the Australian-specific context, such as how AUKUS is changing the domestic legal landscape and the foreign military sales (FMS) framework, and how Australia is leveraging and regulating its position as a key supplier of critical minerals.

View detailed information in the Handbook

This subject is an introduction to the foundational principles and rules of the public international legal order. It is designed to provide students with an understanding of the key concepts of international law, its history and contemporary relevance, sources of international law and the role of some key international institutions, such as the United Nations (UN). The subject is grounded in both theory and practice in order to consider how international law works in shaping and dealing with a range of global issues, including the creation, recognition and sovereignty of states, self-determination of peoples and the use of force in international relations.

Using contemporary examples and case studies which address recent and current developments, students will critically evaluate the position and relevance of international law in international politics and society.

The teaching integrates both content and skills in advanced legal research and writing. We will purposefully introduce students to the practices and protocols of advanced study in international law, as well as to the specialised knowledge and skills required of studying at postgraduate level in the Melbourne Law Masters.

Indicative list of principal topics:

• The nature, purpose and language of international law;
• Sources of international law;
• International legal personality, statehood and sovereignty;
• Jurisdiction of states and jurisdictional immunities;
• The responsibility of states for violations of international law;
• Peaceful settlement of disputes and the functions of the International Court of Justice; and
• Regulation of the use of force in international relations (jus ad bellum).

Important information about this Subject

This subject is a pre-requisite for many other international law subjects in the Melbourne Law Masters. We recommend full-time students enrol in this subject when they first start their program of study. For part-time students, International Law (LAWS70173) is the alternative five-day intensive offering.

All students enrolled in the following internationally focussed courses are strongly recommended to take either LAWS90295 Principles of International Law or LAWS70173 International Law (if you don't already have prior professional or educational background in public international law):

• Master of Environmental Law
• Master of Human Rights Law;
• Master of Law and Development;
• Master of Public and International Law;
• Graduate Diploma in Environmental Law
• Graduate Diploma in Human Rights Law
• Graduate Diploma in Environmental Law
• Graduate Diploma in International Law.

More information on course planning in the Melbourne Law Masters.

View detailed information in the Handbook

This subject examines the law and economics of globalisation. Economic globalisation is at the centre of ongoing debates in areas as diverse as sustainability and climate change, national security, fair and balanced economic growth, and the very restructuring of international relations that seems to be underway. This subject offers a sophisticated understanding not only of contemporary globalisation, but also the reactionary trends that continue to emerge in varied forms: so-called ‘trade wars’ between major economies, unilateral climate measures, restrictions on trade in critical technology like semiconductors or 5G, concerns around forced labour or weak environmental standards, concerns around data protection and cybersecurity in the new digital economy, repatriating foreign supply-chains to the domestic economy, concerns around currency undervaluation by export-driven States, and issues around the so-called ‘State-led’ capitalist model in economies like China. We offer a detailed analysis of these phenomena and how States are using existing and new legal instruments to manage the risks and impacts of globalisation as it evolves and adapts in this new environment. The course caters both to practitioners looking to build expertise in the highly commercially-relevant areas of trade remedies and export controls, as well as to those looking to deepen their understanding of the modern dynamics of globalisation and its intersection with law.

The subject begins with an overview of economic impacts of trade liberalisation and lays out why there are winners and losers. It proceeds with a discussion of current trends in globalisation and relates them to the evolving geopolitical context. It then examines the legal instruments available to States to manage economic pressures resulting from increased globalisation and to counter (potentially) trade-distorting practices of their trade partners. These include the existing legal instruments at the international level under the WTO treaties, such as anti-dumping/anti-subsidy measures and safeguards, as well as more recent innovations at the domestic level relating to matters like currency undervaluation, cybersecurity and “data sovereignty”, transnational subsidies, foreign investment screening, differences in environmental/labour standards, and distortions arising from economies and sectors with substantial government involvement.

The compatibility of such innovations with WTO and other international rules is untested and, accordingly, this course does not express views on the “right” answers. Rather, it seeks to equip students with the knowledge to form their own views and to facilitate their own understanding of possible intersections between these domestic innovations and international rules.

Indicative list of principal topics:

• The economic rationale behind international trade agreements, the economic benefits of globalisation, the distributional impacts of trade liberalisation, and the role of regulatory frameworks that facilitate adjustment to international competition;

• Current issues in global economic relations and trade policy, and the reasons States resort to legal instruments to manage risks or negative impacts of globalisation, such as concerns around unfair trade practices; an evolving geopolitical context; supply-chain resilience; and "global commons"- and related issues such as climate change.

• The primary legal instruments that States use to address negative economic impacts of trade liberalisation, particularly the ‘trade remedy’ tools under the WTO treaties (anti-dumping, anti-subsidy, and safeguard measures), as well as recent domestic innovations with these tools in areas like transnational subsidies and currency manipulation;

• New and emerging legal tools at the domestic level in jurisdictions like the EU, US, Australia and India to manage perceived geopolitical risks and impacts of globalisation, such as:

  • national security concerns around supply chains and critical products
  • cybersecurity and data protection in the new digital economy;
  • foreign investment screening;
  • lower environmental/labour standards; and
  • concerns around forced labour.

View detailed information in the Handbook

In recent decades, China has become an active participant in, and even a leader of, the international economic law system. It joined the World Trade Organization and has negotiated numerous trade agreements and investment treaties. In both trade and investment, China has been a party to many disputes, and plays an important role in broader issues of global economic governance. In the domestic arena, it has become a leading practitioner of "trade remedies"; its agricultural and industrial sectors, and related policies, have become similar to those of Western countries; and its intellectual property and antitrust regimes have become more sophisticated.

This subject focuses on the nature and evolution of China's involvement in the international economic law system. It covers the following subjects: trade in goods, trade in services, intellectual property, trade remedies, government procurement, foreign investment into and by China, investment protection, treaty negotiations, disputes, and institutional issues.

Indicative list of principal topics:

• History of China's international economic relations
• China's WTO Accession
• Tariff and non-tariff barriers
• Intellectual property
• Trade in services
• Trade remedies: Anti-dumping, subsidies and countervailing duties, and safeguards
• Government procurement
• Foreign investment in China
• Trade and investment negotiations
• Trade and investment disputes
• China's role in WTO governance
• Participation in other international economic institutions
• China's domestic trade institutions

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The World Trade Organization (WTO) is at the centre of ongoing debates concerning sovereignty and development. Its dispute settlement system has been active in resolving a wide range of international disputes, with jurisdiction over some of the largest and most significant matters arising today. This subject offers a sophisticated understanding of the WTO and its dispute settlement system, including a detailed analysis of the fundamental principles and jurisprudence of WTO law.

Indicative list of principal topics:

• History and objectives of the WTO

• WTO dispute settlement

• Core obligations under the General Agreement on Tariffs and Trade 1994 (GATT 1994):

  • Tariff bindings
  • Non-discrimination (most-favoured nation (MFN) and national treatment)
  • Prohibition on quantitative restrictions

• Exceptions to WTO obligations, eg environment, health, public morals, culture, preferential trade agreements, national security, and special and differential treatment for developing countries

• Other WTO agreements, eg:

  • General Agreement on Trade in Services (GATS)
  • Agreement on Technical Barriers to Trade (TBT)
  • Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
  • Trade remedies (countervailing measures, anti-dumping measures and safeguards) and subsidies

• Current developments in the WTO

View detailed information in the Handbook