International Trade Law

You have to write a legal brief (i.e. submission) on behalf of a real or fictional stakeholder of your choice. Stakeholders may include:

Third country governments and public bodies

non-government organisations and other non-commercial entities

peak industry bodies and unions

• firms and individuals with special interests

academics and other individuals without vested interests

Stakeholders are invited to consider and comment on the commercial, economic, regional and other impacts that could be expected to arise from a future trade deal. In your submission, you may wish to focus on specific market access challenges and other issues of importance in doing business with the region involved.

Possible issues stakeholders may wish to address include:

• goods market access (tariffs and quotas) • biosecurity and food safety issues

regulatory issues

• customs procedures

cross-border trade in services

financial services

• investment, including investor-state dispute settlement

• government procurement

intellectual property, including geographical indications

barriers to trade in emerging and innovative industries such as biotechnology, artificial intelligence, IT incubators

• movement of persons

• competition policy

sustainable development

any other issue you wish to raise (including broad geopolitical dynamics)

Your submission should be typed in a font of between 11 and 12, use 1.5 line spacing and leave
margins of 2.5 cm on the left and right.
Your submission should be referenced using the Australian Guide to Legal Citation (AGLC, a
footnoting method) and include a bibliography. Your bibliography should include all resources you
used (including those not quoted or paraphrased in your work) in the preparation of your work. Your
bibliography should be arranged using the AGLC categories of journals, cases, legislation etc.
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Preliminary information
Free Trade Agreement negotiations with the Gulf Cooperation Council (GCC), comprising Bahrain,
Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates, commenced in July 2007. These
negotiations were preceded by bilateral FTA negotiations with the UAE, which were abandoned
following a decision by GCC Ministers to only negotiate FTAs as a group. To date, there have been
four rounds of GCC-Australia FTA negotiations, with the last one held in June 2009.
Australia and the GCC share a significant economic relationship, encompassing trade and investment
across a broad range of goods and services. For example, the GCC is an important market for exports
of live animals and other agricultural and food products. There are further opportunities in mineral
commodities, automotive parts and services (particularly education, engineering and construction).
The GCC has a rapidly growing middle class and a youthful population giving the GCC strong
prospects for continued economic growth. Large hydrocarbon reserves also contribute significantly
to government revenues. These factors, along with a plurilateral FTA, will help sustain growth in
Australia’s trade and investment relations with the region.
The last negotiating round, held in Muscat, Oman focused on services, investment, intellectual
property, government procurement, competition policy, rules of origin as well as legal and
institutional issues.
In March 2014, the GCC Ministerial Council agreed FTA negotiations could once again proceed, but
made no announcement on which countries negotiations would resume. In January 2016, the GCC
announced commencement of FTA negotiations with China. Negotiations with other potential FTA
partners, including Australia, are still under consideration. The Australian Government is advocating
strongly for a resumption of the Australia-GCC FTA negotiations.
No progress is expected on an FTA with the GCC while the intra-Gulf tensions which commenced in
June 2017 remain unresolved.
Key interests and benefits
The GCC is a key market for agricultural exports such as livestock, meat, dairy products, vegetables,
sugar, wheat and other grains. The agreement provides an opportunity to address a range of tariff
and non-tariff barriers related to our food exports.
A GCC FTA would provide an opportunity to reduce barriers to trade in mineral commodities and
automotive parts.
The negotiations can address market access barriers related to the provision of services, including in
the areas of construction, engineering, architecture, health care, hospitality, education and financial
services.
Provisions on investment would both encourage inward investment from the GCC, as well as
enhancing security for Australian investments in GCC countries themselves, including in such areas
as mining or the development of educational campuses.
Note: The background information and the below section are sourced and adapted from the
Australian Government’s Department of Foreign Affairs and Trade (DFAT) website, further details on
this negotiation are available at this link:
https://dfat.gov.au/trade/agreements/negotiations/agccfta/Pages/australia-gulfcooperationcouncil-gcc-fta.aspx
Your task
You have to write a legal brief (i.e. submission) on behalf of a real or fictional stakeholder of your
choice. Stakeholders may include:
• Third country governments and public bodies
• non-government organisations and other non-commercial entities
• peak industry bodies and unions
• firms and individuals with special interests
• academics and other individuals without vested interests
Stakeholders are invited to consider and comment on the commercial, economic, regional and other
impacts that could be expected to arise from a future trade deal. In your submission, you may wish
to focus on specific market access challenges and other issues of importance in doing business with
the region involved.
Possible issues stakeholders may wish to address include:
• goods market access (tariffs and quotas) • biosecurity and food safety issues
• regulatory issues
• customs procedures
• cross-border trade in services
• financial services
• investment, including investor-state dispute settlement
• government procurement
• intellectual property, including geographical indications
• barriers to trade in emerging and innovative industries such as biotechnology, artificial
intelligence, IT incubators
• movement of persons
• competition policy
• sustainable development
• any other issue you wish to raise (including broad geopolitical dynamics)
The criteria and targets for marking include the following:
CRITERION TARGET
Clarity of expression 10%
The submission demonstrates detailed attention to and successful execution of writing conventions,
including presentation, structure and content; it uses clear language that skilfully communicates
meaning to readers with clarity and fluency, and it is virtually error-free.
Research capability 20%
The submission thoroughly synthesises in-depth information from a range of highquality and
credible sources that are appropriate to substantiate relevant arguments; it documents these
sources fully using the required style of reference.
Critical thinking 30%
The submission examines legal questions from a complex range of viewpoints; conclusions and
related outcomes are innovative and reflective of independent evaluation; it shows ability to
logically discuss multiple evidence and perspectives to form a coherent critique.
Practical applicability 40%
The submission links in-depth legal analysis and articulate business reasoning to develop a realistic
evaluation of empirical issues; it is consistently based on a bottom-line argument and offers an
actionable conclusion.
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