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GLOBAL TRADING SYSTEM |
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CD29 Syllabus
Course Structure Index |
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Wednesday 6:00-9:00 This optional
module studies the development and practice of dispute settlement
procedures in international trade agreements. Goals To
familiarize students with the extent to which international rules and
procedures can be and are used to solve difficult inter-firm and
inter-governmental problems in international trade and investment. As a
result, students should be able to advise future employers or clients on
the procedures involved and, based on the knowledge and skills learned
in earlier courses on international trade organizations and rules, on
the kinds of issues that can be successfully litigated under these
procedures. Topics The module
will provide an in depth examination of four recent, specific cases that
have been litigated either at the GATT/WTO or under the NAFTA. The
selection of cases will depend on part on recent events and the
availability of suitable material, but could include such cases as the
Canada-US dispute over salmon and herring export controls (disputed
under both the GATT and the Canada-US FTA); the US-Japan dispute over
import controls on agricultural products; the EU-Japan dispute over
circumvention of antidumping duties through the establishment of
so-called screwdriver assembly plants; and the EU-Canada dispute over
the ‘appellation’ of scallops as Coquilles St Jacques. Using
specific cases, the module will consider both the rules involved in the
dispute, i.e., the application of international law, and the concepts
and procedures used to try to resolve the
dispute. Simulation and Grading The class
will simulate the panel proceedings of a current WTO dispute settlement
case. We will agree on the case in the first class and divide the
students into three groups: complaining party, responding party, and
panel and secretariat. Each group will prepare their part of the
simulation separately and meet with me on Monday evenings to monitor
progress and consider problems. Group 1 will meet with me at 6:00; group
2 at 7:00; and group 3 at 8:00 Simulation of
the dispute settlement case will provide the basis for the final grade.
Forty percent of the grade will be based on preparation for and
simulation of the case; forty percent will be based on the written work
for the simulation: the complainant’s brief for one group; the
respondent’s brief for the second group; and the panel decision for the
third group. The final twenty percent will be based on general class
participation. Office Hours Professor
Hart will maintain office
hours at the Trade Center on Tuesdays and Thursdays from 10:00-12:00 or
by appointment (647-6535).
Week One Topics Principles
and procedures in the settlement of international disputes The
role of dispute settlement in the enforcement of international trade law Evolution
of dispute settlement procedures in international trade law The
WTO dispute settlement procedures The
NAFTA dispute settlement procedures Dispute
settlement in international investment disputes Domestic
procedures in the settlement of international trade and investment
disputes Week Two Topics Dispute
settlement cases under the GATT and the WTO Cases
and Empirical Material Case
material from the Internet Week Three Topics Dispute
settlement cases under the NAFTA Cases
and Empirical Material Case
material from the Internet Week Four Topics Simulation
of selected case Suggested Readings Davey,
William, Pine and Swine: Dispute
Settlement under the Canada-US FTA (Ottawa: Centre for Trade Policy
and Law, 1996), 1-86. Robert
E. Hudec, The Adjudication of
International Trade Disputes (London: Trade Policy Research Centre,
1978). Robert
E. Hudec, “The Legal Status of GATT in the Domestic Law of the United
States,” in Meinhard Hilf, et. al., The European Communities and the
GATT (Boston: Kluwer, 1986), 187-249. John
H. Jackson, The World Trading
System: Law and Policy of International Economic Relations (Cambridge:
MIT Press, 1989), 83-113. Michael
J. Trebilcock and Robert Howse, The
Regulation of International Trade (New York: Routledge, 1995),
383-407. Jon
Johnson, The North American Free
Trade Agreement: A Comprehensive Guide
(Aurora, ON: Canada Law Book, 1994), 275-293; 502-511. John
H. Barton and Bart S. Fisher, International
Trade and Investment: Regulating International Business (Boston:
Little Brown, 1986), 897-921. Sornarajah,
The International Law on Foreign
Investment (Cambridge: Grotius, 1994), 357-414. Frieder
Roessler, “Diverging
Domestic Policies and Multilateral Trade Integration,” in Jagdish
Bhagwati and Robert E. Hudec, eds., Fair
Trade and Harmonization, volume 2: Legal
Analysis (Cambridge: MIT Press, 1996), 21-56. Robert
E. Hudec, Enforcing International
Trade Law: The Evolution of the Modern GATT Legal System (Salem, New
Hampshire: Butterworth, 1993). Cases
and Empirical Material WTO,
The WTO Dispute Settlement
Procedures: A Collection of the Legal Texts (Geneva: WTO, 1995). NAFTA,
dispute settlement procedures in chapters 11, 19, and 20. Case
material will be available on each of the cases to be covered and used
as the basis for class discussion.
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