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GLOBAL TRADING SYSTEM |
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CD28 Syllabus
Course
Structure Index |
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Spring
Term This module
will examine the main provisions of the US antidumping, countervailing
and escape clause laws and regulations and their relationship to the
rules and provisions of the WTO and NAFTA. The module thus seeks to
familiarize students with the details of one of the more
challenging areas of international trade law and provide them with an
understanding of why governments have found these very detailed
provisions governing particular aspects of international trade both
helpful and problematic. Students who have successfully completed the
course should be able to analyze various situations relating to fair and
unfair competition and determine whether or not a case can be made for
the application of one of these remedies and advise future employers or
clients on the steps involved in pursuing the applicable remedy. Topics Following a
brief introduction of the basic concepts and procedures involved, the
course will consider a number of specific antidumping, countervailing
duty and escape clause cases, tracing the origins of the problem the
remedy is meant to address, the nature of the complaints and defenses,
the very detailed procedures and information pursued, and the extent
to which the procedures did – or did not – address the problem. In
the course of discussing cases, students will also consider the WTO
rules involved in the various aspects of each case in an effort to
understand the interaction between domestic and international rules
and procedures. Readings The readings
for each week may amount to more than what most students have either the
time or inclination to read. That is understood. The available material
is of uneven quality and no single source provides adequate coverage or
explanation. As a result, the readings are divided into required and
suggested selection. Together, they provide a range of selections on the
material to be covered each week, written from a variety of
perspectives. Since this module will require no written work other than
the take-home exam to be distributed at the end of week three, students
are encouraged to read as much as possible. A copy of the required
reading has been placed on one-hour reserve in the library. Grading Students
should be able to describe the basic steps and concepts involved in any
of the three principal trade remedy measures; a take-home exam, worth 80
percent of the final grade, will provide students with a hypothetical
situation involving the application of one of these remedies. Class
participation will count for the final 20 per cent of the course grade. Office Hours Professor
Hart will maintain office
hours at the Trade Center on Tuesdays and Thursdays from 10:00-12:00 or
by appointment (647-6524). Week One, February
19 Topics Fair
and Unfair Trade Maintaining
political support for the economic objective of trade liberalization Regulatory
capture and rent seeking Use
and abuse of trade remedies The
interrelationship between domestic law and practice and international
rules Required Readings 1.
Richard Boltuck and Robert E. Litan, “America’s ‘Unfair’
Trade Laws,” in Boltuck and Litan, eds., Down
in the Dumps: Administration of the Unfair Trade Laws (Washington:
Brookings, 1991), 1-21. 2.
James Bovard, The Fair Trade Fraud (New York: St. Martin’s Press, 1991), 1-6,
306-320. 3.
Pietro S. Nivola, Regulating Unfair Trade (Washington; Brookings Institution, 1992),
1-68. Suggested Additional Readings 4.
William Robson, Dahlia Stein, and Rafael Fernandez de Castro,
“What’s the Fight About: An Ovreview of Trade Disputes in North
America,” in Beatriz Leycegui, William Robson, and Dahlia Stein, eds.,
Trading Punches: Trade Remedy Law and Disputes Under NAFTA (Washington:
National Planning Association, 1996), 1-23. 5.
Thomas M. Boddez and Michael J. Trebilcock, Unfinished
Business: Reforming Trade Remedy Laws in North America (Toronto:
C.D. Howe Institute, 1993), 1-21. 6.
Rodney deC. Grey, United States Trade Policy Legislation: A Canadian View (Montreal:
Institute for Research on Public Policy, 1984), 5-18. 7.
Ronald A. Cass and Richard D. Boltuck, “Antidumping and
Countervailing Duty Law: The Mirage of Equitable International
Competition,” in Jagdish Bhagwati and Robert E. Hudec, eds., Fair
Trade and Harmonization, volume 2: Legal Analysis (Cambridge, MA:
The MIT Press, 1996), 351-414. Cases
and Empirical Material Case
material will be available on a number of antidumping, countervailing
duty, and escape clause actions to be used as the focus for discussion
of specific US trade remedy laws. US Statement of Administrative
Action on the Results of the Uruguay Round of Multilateral Trade Negotiations. Week Two, February 26 Topics The
antidumping system – why it exists, how it works, who benefits, who
gets hurt. Required Readings 1.
John H. Jackson, “Dumping in International Trade: Its Meaning
and Context,” in Jackson and Edwin Vermulst, eds., Antidumping
Law and Practice (Ann Arbor: University of Michigan Press, 1989),
1-22. 2.
Alan V. Deardorff, “Economic Perspectives on Antidumping
Law,” in John H. Jackson
and Edwin Vermulst, eds., Antidumping
Law and Practice (Ann Arbor: University of Michigan Press, 1989),
23-40. 3.
Tracy Murray, “The Administration of the Antidumping Duty Law
by the Department of Commerce,” in Richard Boltuck and Robert E. Litan,
eds., Down in the Dumps:
Administration of the Unfair Trade Laws (Washington: Brookings,
1991), 22-60. 4.
Terence P. Stewart, “Administration of the Antidumping Law: A
Different Perspective,” in Richard Boltuck and Robert E. Litan, eds., Down
in the Dumps: Administration of the Unfair Trade Laws (Washington:
Brookings, 1991), 288-330. 5.
Pietro S. Nivola, Regulating Unfair Trade (Washington; Brookings Institution, 1992),
69-108. Suggested Additional Readings 6.
James Bovard, The Fair Trade Fraud (New York: St. Martin’s Press, 1991),
107-168. 7.
Stanley Metzger, Lowering Non-Tariff Barriers (Washington: Brookings Institution,
1974), 62-101. 8.
N. David Palmeter, “The Antidumping Law: A Legal and
Administrative Nontariff Barrier,” in Richard Boltuck and Robert E.
Litan, eds., Down in the Dumps:
Administration of the Unfair Trade Laws (Washington: Brookings,
1991), 64-89. 9.
Gary N. Horlick, “The United States Antidumping System,” in
John H. Jackson and Edwin Vermulst, eds., Antidumping
Law and Practice (Ann Arbor: University of Michigan Press, 1989),
99-168. 10.
Jean-François Bellis, “The EEC Antidumping System,” in John
H. Jackson and Edwin Vermulst, eds., Antidumping Law and Practice (Ann Arbor: University of Michigan
Press, 1989), 41-98. 11.
Brian Hindley, “The Economics of Dumping and Antidumping
Action: Is There a Baby in the Bathwater?” in P. K. M. Tharaken, Policy
Implications of Antidumping Measures (New York Elzevier Science
Publishing, 1991), 25-44. Week Three, Spring Break Week Four. March 12 Topics The
countervailing duty system – why it exists, how it works, who
benefits, who gets hurt. Required Readings 1.
Thomas J. Prusa, “An Overview of the Impact of U.S. Unfair
Trade Laws,” in Beatriz Leycegui, William Robson, and Dahlia Stein,
eds., Trading Punches: Trade Remedy Law and Disputes Under NAFTA (Washington:
National Planning Association, 1996), 183-205. 2.
Pietro S. Nivola, Regulating Unfair Trade (Washington; Brookings Institution, 1992),
69-108. 3.
John H. Jackson, The World Trading System: Law and Policy of International Economic
Relations (Cambridge: MIT Press, 1989), 249-273. 4.
Colleen Morton, “Subsidies Negotiations and the Politics of
Trade,,” Canada-U.S. Outlook, vol.
1, No. (Washington: National Planning Association), pamphlet. Suggested Additional Readings 5.
James Bovard, The Fair Trade Fraud (New York: St. Martin’s Press, 1991),
169-195. 6.
Stanley Metzger, Lowering Non-Tariff Barriers (Washington: Brookings Institution,
1974), 101-127. 7.
Gary Clyde Hufbauer and Joanna Shelton Erb, Subsidies
in International Trade (Washington:
Institute for Inernational Economics, 1984), 1-124. 8.
Rodney deC. Grey, United States Trade Policy Legislation: A Canadian View (Montreal:
Institute for Research on Public Policy, 1984), 33-66. 9.
Michael Finger, “Subsidies and Countervailing Duties,” in P.
K. M. Tharaken, Policy Implications of Antidumping Measures (New York Elzevier
Science Publishing, 1991), 175-190. 10.
Alan M. Rugman and Andrew D. M. Anderson, Administered
Protection in America (London: Croom Helm, 1987), 56-98. Week Four, March 19 Topics The
safeguards system - origins, evolution, demise Dispute
Settlement and Unfair Trade The
Use and Abuse of Section 301 Proposals
for reform Required Readings 1.
Pietro Nivola, “Trade Policy: Refereeing the Playing Field,”
in Thomas E. Mann, ed., A Question
of Balance: The President, the Congress and Foreign Policy
(Washington: Brookings Institution, 1990), 201-253. 2.
Pietro S. Nivola, Regulating Unfair Trade (Washington; Brookings Institution, 1992),
129-149. 3.
Tyson, Laura D’Andrea, Who’s Bashing Whom? Trade Conflict in High-Technology Industries (Washington:
Institute for International Economics, 1992), 253-296. Suggested Additional Reading 4.
Robert E. Baldwin and Michael O. Moore, “Political Aspects of
the Administration of the Trade Remedy Laws,” in Richard Boltuck and
Robert E. Litan, eds., Down in the
Dumps: Administration of the Unfair Trade Laws (Washington:
Brookings, 1991), 253-287. 5.
Gary N. Horlick and Eleanor C. Shea, “Alternatives to National
Antidumping and Countervailing Duty Laws: Are They Feasible or
Appropriate in the Context of NAFTA?” in Beatriz Leycegui, William
Robson, and Dahlia Stein, eds., Trading
Punches: Trade Remedy Law and Disputes Under NAFTA (Washington:
National Planning Association, 1996), 206-238. 6.
Thomas M. Boddez and Michael J. Trebilcock, Unfinished
Business: Reforming Trade Remedy Laws in North America (Toronto:
C.D. Howe Institute, 1993), 162-259. 7.
Willam Davey, Pine and Swine: Dispute Settlement under the Canada-US FTA (Ottawa:
Centre for Trade Policy and Law, 1996), 7-19, 89-10, 151-184.
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