Koskenniemmi’s ‘fragmentation’

Koskenniemmi’s ‘fragmentation’

Note about these topics: These topics can all be interpreted broadly, or narrowed down to a much more focussed assignment. The choice is up to you, and the focus and scope of your assignment should be made clear in your introduction. As a general comment, the ‘better’ assignments provide a more detailed discussion of a single example, or a small number of examples, rather than providing a broad overview of a whole range of issues (a survey) without any depth.

Assignment Topic 1:

Select a pair or trio of WTO cases that share a common theme – for example, the interpretation of an aspect of the SPS Agreement, or China as a respondent. Undertake a comparative analysis of the cases, highlighting the extent to which they develop or perhaps contradict one another. (Or, if you prefer, you can compare a WTO case with a case from another jurisdiction of your choice).
Assignment Topic 2:

Evaluate Koskenniemmi’s ‘fragmentation’ thesis in the context of the interaction between the WTO Agreements and another international regime of your choice.

Assignment Topic 3:

Some authors argue that the trade-culture nexus is one of the most significant challenges faced by the WTO, citing cases such as the Seals case. Critically analyse the trade-culture interaction in relation to one of the WTO disciplines, such as geographical indications, Article XX of the GATT, or agricultural subsidies.

Assignment Topic 4:

Select a WTO Agreement (for example the GATS or TRIPS) and evaluate whether the current agreement (or proposed reforms) adequately protect human rights relevant to the Agreement’s subject matter. (For example, in the context of TRIPS, consider whether the TRIPS Agreement or proposed reforms to the TRIPS adequately protect the right to health.)


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