INTERNATIONAL TRADE LAWS AND INSTITUTIONS
INTERNATIONAL TRADE LAW

CD12 Syllabus Course Structure Index
Professor Michael Hart

Goals
This module focuses on international law, extending the institutional coverage of module 550.1 to include general treaties of international law, such as the GATT, WTO, and related agreements relevant to trade and investment; specific trade laws; case histories; and dispute settlement procedures. It will familiarize students with the nature and structure of international rights and obligations in the field of international trade and investment, the relationship between domestic (municipal) law and international rules and obligations, the nature of international trade agreements, and the main contours of substantive obligations in the trade and investment field. As a result, students should be able to identify how such rules and obligations can – or cannot – help to resolve specific problems relating to international trade and investment, how to structure new rules to address new problems, and advise superiors or clients whether or not specific measures or actions are consistent with US or other rights and obligations.

Topics

Following an introductory overview of the principles and structure of international trade law, the module will concentrate on the substantive obligations in the agreements that form part of the World Trade Organization Agreement, including tariff and customs-related matters, subsidies, antidumping and countervailing duties, safeguards, textiles and clothing, agriculture, trade-related investment measures, government procurement, trade in services, and trade-related intellectual property rights. The course will examine how conflicts in the interpretation and implementation of these agreements are resolved through discussion, negotiation, and dispute resolution mechanisms built into the agreements. The module will conclude with a brief overview of the substantive obligations in other multilateral as well as plurilateral and bilateral agreements.

To illustrate the role of rules in international trade and domestic law and policies, students will examine a number of individual agreements under the WTO and compare the differing approaches of the United States and Canada to their negotiation and implementation.

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.

Grading

A take-home exam, worth 80 per cent of the final grade, will test the ability of students to prepare documents/speeches/ memoranda that are typical of those prepared in government and private firms and which will demonstrate their understanding of the structure and principles of international rights and obligations, their role in governing conduct among governments, and their influence on the flow of international trade and investment. Class participation will count for 20 per cent of the final grade.

Class Schedule

Week One

Topics:

· The nature of international trade law: origins, evolution and principal characteristics of the postwar rules governing international trade and investment, from its origins in the 1947 General Agreement on Tariffs and Trade (GATT) to its current manifestation in the World Trade Organization Agreement (WTO).

· The interrelationship between multilateral rules, regional agreements, and domestic legislation.

Required Readings:

1. John H. Jackson, The World Trading System: Law and Policy of International Economic Relations , 2d edition (Cambridge: MIT Press, 1997), 1-30, 133-148, and 189-202. (Readings on reserve are from the first edition)

or Michael J. Trebilcock and Robert Howse, The Regulation of International Trade (New York: Routledge, 1995), 1-55.

or relevant chapters from Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System (Oxford: Oxford University Press, 1995) In bookstore but not on reserve.

2. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New Hampshire: Butterworth, 2d edition, 1990), 3-61.

or Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago: University of Chicago Press, 1970), 257-273.

3. Jeffrey J. Schott, The Uruguay Round: An Assessment (Washington: Institute for International Economics, 1995), 3-39.

Cases and Empirical Material:

Throughout the course, we will use material available on the internet, drawn from sites maintained by the WTO, the NAFTA Secretariat, the OAS, OECD, USTR, etc.

Week Two

Topics:

The regulation of international trade in goods – international rules governing:

· tariffs and related measures

· quantitative restrictions

· miscellaneous border measures

· safeguards

· antidumping and countervailing duty measures

· subsidies

· product standards

Required Readings:

1. John H. Jackson, The World Trading System: Law and Policy of International Economic Relations, 2d edition (Cambridge: MIT Press, 1997), 139-156, 175-212, 247-278, 279-304 (the readings on reserve are from the first edition.

or Michael J. Trebilcock and Robert Howse, The Regulation of International Trade (New York: Routledge, 1995), 73-96, 97-124, 125-161, 162-190.

or relevant chapters from Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System (Oxford: Oxford University Press, 1995) In bookstore but not on reserve.

Week Four

Topics:

Trade Relations and Resolving Disputes

• the competing interest of trading partners: the US, EU, Japan, Canada, and Developing Countries

• the problem of gaining and taking advantage of market access

• the problem of irritants and disputes

• institutions and principles of dispute settlement

• recent experience – some GATT and FTA/NAFTA cases

Required Readings:

1. John H. Jackson, The World Trading System: Law and Policy of International Economic Relations 2d edition (Cambridge: MIT Press, 1997), 107-138, 339-352 (readings on reserve are from the first edition)

Michael J. Trebilcock and Robert Howse, The Regulation of International Trade (New York: Routledge, 1995), 383-407.

or relevant chapters from Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System (Oxford: Oxford University Press, 1995) In bookstore but not on reserve.