Unit 1

International Economic Law Introduction

David Linnan
Univ of South Carolina
School of Law

August 23, 2006

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1. Watch the streaming video of the Introduction to International Economic Law  lecture, Unit 18 of Laws783
   
   
2. Scan some of the links on the BBC news webpage entitled In Depth: Battle over Trade at http://news.bbc.co.uk/2/hi/in_depth/business/2004/world_trade/default.stm
   
   
3. What is this international economic law, particularly international trade law, about?

Unit 2

Currency & Trade Debates

David Linnan
Univ of South Carolina
School of Law

August 28, 2006

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1. Watch the two streaming video lectures on international economics by Prof. Bonser-Neal concerning National Accounts and currency exchange.
   International Payment Flows and Economic Policy in a Global World
   Foreign Exchange Markets, Exchange Rate Determination, and International Arbitrage ( PDF & PPT for this unit)
   
   
2. Read attached S.295, the draft bill of Senators Graham and Schuner concerning revaluation of China's currency.
   
   
3. Read the following three short newspaper articles on the Chinese currency quesiton.
   What if the US imposes a tariff on China's exports to force a revaluation?
   On China visit, US senators tone down tariff talk
   Why China's money matters to you
   
   
4. Is there a Chinese currency problem and what is its connection with US trade imbalances? Consult the differing views contained in the sources above and be prepared in class to address this question as a way of learning interrelated aspects of international trade and international financial economics.
   

Unit 3

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Bangkok Mango Problem
Brazil and the G-20

September 11, 2006

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1. Go to the WTO streaming video page and watch:
   A Virtual Tour of the WTO (27 min)
   
   
2. Go to the Stanford Hoover Institute website for its Uncommon Knowledge series and watch streaming video of the program Trading Places, June 14, 2002 (Walden Bello & Jagdish Bhagwati on free trade)
   
   
3. Read in Bhala text pages 1-35, 79-98, 127-141
   
   
4. What is the difference between multilateral free trade (GATT/WTO) and so called regional free trade areas or FTAs?
   
   

Unit 4

GATT/WTO Articles I & II, Most Favored Nations & Tariff Bindings principles

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Import Prohibition: The Nigerian Experience

September 18, 2006

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[ppt]

1. Look at the language of GATT/WTO Agreement Articles I & II
   
   
2. Read in Bhala text pages 249-315,
   
   
3. Watch before class the streaming video BASIC GATT PILLARS I.
   
   
4. Go to the WTO streaming video page and watch:
   Basic Principles of the WTO System (68 min)
   
   
5. [Optionally, red hots may also want to look at A. Yanai, The Function of the MFN Clause in the Global Trading System]

Unit 5

GATT/WTO Article III, National Treatment (non-discrimination) principle

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
US Car Taxes
Canadian Magazine Industry
Danish Beer Bottles

September 25, 2006

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[ppt]

1. Look at the language of GATT/WTO Agreement Article III
   
   
2. Read in Bhala text pages 423-98
   
   
3. Watch before class the streaming video BASIC GATT PILLARS II.
   
   
4. Go to the UNESCO Culture, Trade and Globalization webpage and read the Q & A.
   
   
5. What do you think about UNESCO's plans for a draft convention to preserve cultural diversity (check link)?
   
   
6. What do you think newer media (streaming video and audio) over the internet does to ideas about cultural exceptionalism, looking at both the regulatory side (consult as example an Australian parliamentary report), the diversity of channels you can find simply looking at webcast listings on Realplayer guide, and then ask yourself whether it matters that all this online content is digital?
   

Unit 6

Basic GATT/WTO principles: Rules of Origin & Customs Law

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Geographical Indication for Darjeeling Tea
Philippines: Customs Valuation

October 2, 2006

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[ppt]

1. Look at the language of GATT/WTO Agreement Articles II & VI
   
   

2. Read in Bhala text pages 331-422
   
   

3. Watch before class the streaming video BASIC GATT PILLARS III.
   
   

4. Read OECD Trade Committee, The Impact of the Terrorist Attacks of 11 September 2001 on International Trading and Transport Activities
   
   

5. Look quickly at what the clients are doing by way of The Stanford Global Supply Chain Management Forum, and ask yourself what is the relationship between the material you just read and the client focus.
   
   

6. Optionally, red-hots may wish to read Chapter 8 of Multilaterals and the New Regionalism on regional FTAs as rules of origin drivers in the fdi context and complementary development policy.

Unit 7

Anti-Dumping & Countervailing Duties Law

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Sikancil Imports
Indian Shrimp Industry
South Africa’s Anti-Dumping Regime

October 9, 2006

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[ppt]

1.  Look at the language of GATT/WTO Agreement Articles VI & XVI
   
   
2. Read in Bahala text pages 819-858, 969-1044
   
   
3. Review the WTO central webpages for
   
   Antidumping measures
   Subsidies and countervailing measures

Unit 8

GATT/WTO Articles X & XI, Non-Tariff Barriers

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
EU Ecolabeling & Tropical Timber
German Packaging Law
German Auto Recycling Law
Malaysia: Labelling Regulations on Condoms

October 16, 2006

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[ppt]

1. Look at the language of GATT/WTO Agreement Article X & XI
   
   
2. Read in Bhala text pages 499-578
   
   
3. Watch before class the streaming video BASIC GATT PILLARS IV.
   
   
4. Read Issues in China’s WTO Accession (Brookings Institution website)
   
   
5. Read Background Information on China’s Accession to the World Trade Organization 12/11/01 (USTR website)

Unit 9

Non-Tariff Barriers & subsidiary agreement level (SPS measures & other protections)

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Milk Wars
GMO Soybeans
EU/US Slaughterhouse Dispute
Hepatitis A & Mexican Strawberries
The SPS Agreement: The Chile-EU Avian Influenza
Ayurvedic Herbal Remedies and SPS Issues
Bankok Mango Problem

October 23, 2006

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[ppt]

1. Look at the language of GATT/WTO Agreement Article X
   
   
2. Read in Bhala text 1665-1706
   
   
3. Read GMO risks and hazards: Absence of evidence is not evidence of absence of risk (Third World Network on precautionary principle)
   
   
4. Read The precautionary principle: economic implications for developing countries (Science, Technology and Innovation Viewpoints website)
   
   
5. Read Producers argue for sound science, some consumers prefer precautionary principle ( Agricultural Policy Analysis Center website)
   
   
6. Read the Sanitary and Phytosanitary (SPS) Agreement [embed as link the following http://www.wto.org/english/docs_e/legal_e/15sps_01_e.htm]
   
   
7. Read the findings and conclusions of the latest Biotech disputes between Argentina, Canada, US and EU, dated September 29, 2006 [embed as link the following http://www.wto.org/english/news_e/news06_e/291r_e.htm], asking how the DSB appears to be coming out on all these hidden risk/GMO type questions.
   
   
8. Is what you read under number 7 above consistent with what you see in an amendment to the Biodiversity Convention, also known as the Cartagena Protocol? [embed as link the following  http://www.biodiv.org/biosafety/default.aspx]

Unit 10

GATT/WTO Articles XIX, XX, XXI, XXIV, XXV, exceptions to general principles

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Malaysian Proton & AFTA

October 30, 2006

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[ppt]

1. Look at text of broad exceptions to GATT/WTO obligations
   (GATT articles XIX, XX, XXI, XXIV, XXV)
   
   
2. Read Bahala pages 579-616, 1117-31, 1165-7
   
   
3. Watch before class the streaming video BASIC GATT PILLARS: EXCEPTIONS.

Unit 11

FTAs and investment principles on NAFTA model

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Agrobusiness

November 6, 2006

Customary Law
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Treaty Approaches
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1. Watch before class for general background the streaming video on State Responsibility & Alien Protection plus Economic Integration & Protection Strategies, which represent the traditional public international law approaches to foreign investment protection under both customary law principles and treaty.
   
   
2. Read for background on NAFTA.
   
   
3. Read the text of the NAFTA Chapter 11 Investment Provisions.

Unit 12

FTAs & domestic regulatory adjustments on NAFTA model

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
NAFTA: Big Trucks
Regional Economic Communities can Facilitate WTO Participation

November 13, 2006

1. Concerning the general issue of investment protection under FTAs and regulatory complications,
   a. On regulatory takings concerns and NAFTA skim
   
   Regulatory Takings and Environmental Regulation in NAFTA’s Chapter 11, Aisbett, Karp & McAusland, 02/20/06 (looking to a police powers carve out to avoid regulatory takings analysis)
   
   Private Rights, Public Problems: A guide to NAFTA’s controversial chapter on investor rights,
   IISD/WWF(2001)(analysis of early NAFTA investor protection expropriation and national treatment decisions with effects particularly on environmental regulation, see digest of cases pages 69-110)
   
   b. Look at the text of Singapore-US FTA, dated 01/15/03 , comparing its investment protection provisions particularly to the NAFTA Chapter 11 investment protection provisions read for unit 11
   
   c. Read the short commentary comparing NAFTA and Singapore-US FTA provisions under Review of Substantive Provisions on Investment in the Singapore-US Free Trade Agreement, Howard Mann, 03/14/03
   
   
2. For popular voices addressing these topics examine
   
   US to reinvigorate trade with SE Asia , The Jakarta Post, 10/20/03 (ASEAN)
   
   Why Sign Free Trade Agreements? Thailand Board of Investment (Thailand)
   
   Doubts on readiness for US FTA talks,The Nation, 12/02/03 (Thailand)
   
   MIERScope: FTA with the US makes good sense, New Straits Times, 03/20/04 (Malaysia)
   
   US-Singapore FTA Business Coalition Website (Singapore)
   
   
3. Optionally, for students without familiarity with the FDI and development policy overlap,
   
   Read Foreign direct investment from Wikipedia
   
   Examine the IPAnet website (Investment Promotion Network, run by the Multilateral Investment Guaranty Agency as World Bank subsidiary)
   
   Skim FDI and Development: Policy and Research Issues in the Emerging Context, Sanjaya Lall (June 2000, Queen Elizabeth House Working Papers 43, Oxford University)
   
   

Unit 13

FTA dispute resolution on Singapore - US FTA model

Austin Pulle
Singapore Management University
Department of Law

(Saturday Meeting)

Unit 14

Agricultural Trade & Services Liberalization under both WTO & FTA approaches

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
South Korean Apples
Pork Import in Korea
Tomato Debate between Mexico & US
Argentina and GATS
India: The Case of the Agriculture Negotiations
Malaysia: the Liberalisation of the Services Sector
Mexico’s Agricultural Trade Policies
Philippines: Agricultural Policy Formation
Agricultural Negotiations: The Experience of Venezuela

November 20, 2006

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[ppt]

1. Read Bahala pages 733-69
   
   
2. Read the following documents on the WTO website:
   
   Services Negotiations: The New Negotiations http://www.wto.org/english/tratop_e/serv_e/s_negs_e.htm
   
   
3. Explore the Services Trade page
   http://www.wto.org/english/tratop_e/serv_e/serv_e.htm
   
   
4. Watch the following WTO video David Hartridge, The General Agreement on Services (GATS) on the WTO general video access page
   http://www.wto.org/english/res_e/webcas_e/webcas_e.htm#gats
   
   
5. Read Bahala pages 685-732
   
   
6. Read the following documents on the WTO website:
   Doha Ministerial Declaration of November 14, 2001 http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_e.htm
   
   Doha Declaration Explained
   http://www.wto.org/english/tratop_e/dda_e/dohaexplained_e.htm
   
   Understanding the WTO: Agriculture, A Fairer Market for Farmers
   http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm3_e.htm
   
   
7. Watch the following World Bank B-SPAN video 09/16/2003 Overview of the Current WTO Agricultural Negotiations
   http://info.worldbank.org/etools/bSPAN/presentationView.asp?EID=452&PID=862
   
   
8. Listen to 06/08/04 Cato Institute Policy Forum Down on the Fram: Assessing the Prospects for Global Agricultural Trade Liberalization
   http://www.cato.org/realaudio/cpf-06-08-04.ram
   

Unit 15

Trade/Environment Overlap & Dispute Resolution

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Argentina and Chilean Price Bands

November 27, 2006

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1. Read Bahala pages 214-46, 1589-1664
   
   
2. Read the following documents on the WTO website:
   Explore Environment backgrounder: Trade and the Environment at the WTO
   http://www.wto.org/english/tratop_e/envir_e/envir_backgrnd_e/contents_e.htm
   
   
3. Watch the World Bank B-SPAN video 06/19/01 Dirty Exports and Environmental Regulation
   http://info.worldbank.org/etools/bSPAN/presentationView.asp?EID=272&PID=556
   
   
4. Understanding the WTO: Settling Disputes
   http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm
   
   
5. Watch the following WTO video Cases Studies of WTO Dispute Settlement [environmental] on the WTO general video access page http://www.wto.org/english/res_e/webcas_e/webcas_e.htm#intro

Unit 16

Investiment Under the Singapore - US Free Trade Agreement

Austin I. Pullé
Department of Law
Singapore Management University

December 02, 2006

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