AUGUST - NOVEMBER 2012



COURSE MATERIALS

 


Topic & Speaker

Click for Presentation Link


Reading Materials


Unit 1

International Economic Law Introduction

David Linnan
Univ of South Carolina
School of Law

 


 

 

[pdf]

[ppt]

  1. Watch the streaming video of the Introduction to International Economic Law lecture, Unit 18 of Laws783

  2. Graze 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
    (Note, that not much has really happened since 2008, and ask yourself why?)

      3. What is this international economic law, particularly international trade law, about?


Unit 2

Free Trade Pro & Con

David Linnan
Univ of South Carolina
School of Law

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

 

 

 

[pdf]

[ppt]

  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 or read the transcript of the program Trading Places, June 14, 2002 (Walden Bello & Jagdish Bhagwati on free trade)

  3. What is the difference between multilateral free trade (GATT/WTO) and so called regional free trade areas or FTAs?

     4.   Read the July 31,2003 CBO issue brief on The Pros and Cons of Pursuing Free-Trade Agreement            and Free trade debate ( wikipedia)


 

Unit 3

National vs. Economic Security Currency & Trade Debates

David Linnan
Univ of South Carolina
School of Law

Liu Jun
East China Univ. of Politics & Law

 

 

[pdf] [ppt]

[pdf] [ppt]

  1. Look at the language of GATT/WTO Agreement Article XXI.

  2. 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)

  3. Read attached S.295, the draft bill of Senators Graham and Schumer concerning revaluation of China's currency. ( much copycat legislation has followed)

  4. 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
     
  5. Watch the streaming video of Chinese views on currency matters (Liu Jun, ECUPL)
     
  6. 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 4

The Doha Round & Background on
China's WTO Accession (2001)

David Linnan
Univ of South Carolina
School of Law

Gan Ying
East China Univ.
of Politics & Law

 

 

 

 

[pdf]

[ppt]

 

 

 

  1. Watch the streaming video Background on China's WTO Accession (2001) and read before class

    a. USTR 2007 China Report

    b. 1994 Chinese Foreign Trade Law

    c. 2004 Chinese Foreign Trade Law

     
  2. Scan WTO 2006 Trade Policy Review on China

 

Unit 5

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

 

 

 

[pdf]

[ppt]

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

  2. Read:

    a. Yanai, The Function of the MFN Clause in the Global Trading System

    b. Indonesia - Certain Measures Affecting the Automobile Industry (DS54) (Concentration Art I Problem)

    c. Special and Differential Treatment Issues

    d. Tariffs: more bindings and closer to zero (WTO)

  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)



Unit 6

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

 


 

 

[pdf]

[ppt]


  1. Look at the language of GATT/WTO Agreement Article III

  2. Read:

    a. Japan - Taxes on Alcoholic Beverages (DS8) (look at appeal for Art III)


    b. United States - Measures Affecting the Importation, Internal Sale and Use of Tobacco (DS44/R)(consider domestic sourcing under Artide III)

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

  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?

  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 Stream Finder, and then ask yourself whether it matters that all this online content is digital?

 

Unit 7

Basic GATT/WTO Principles: 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



 

 

[pdf]

[ppt]


  1. Look at the language of GATT/WTO Agreement Article X & XI

  2. Read:

    a. European Communities - Trade Description of Sardines (DS231)(standards and legitimate objectives NTBS)

  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 8

Doha Round : Negotiations, Results & Directions

David Linnan
Univ of South Carolina
School of Law

 

 



 

 

[pdf]

[ppt]



  1. Read:

    a. The Doha Round (browse the basic WTO page, then look at 3 areas of negotiation)


    b. Multilateral or bilateral trade agreements: which way to go? (2007 of speech Pascal Lamy, WTO Director General)

    c. Bilateral vs.Multilateral trade Agreements: The U.S. View (blog on Hilary Clinton speech)


  2. Watch:

  3. a. The Future of the Multilateral of Trading System (speech of Jeff Schott, Princeton Institute for International Economics in 2009)

    b. WTO Forum: What's on the table for developing countries in the Doha Round (Jeff Schott, Peterson Institute for International Economics, and David Laborde, International Food Policy Research Institute)

    c. Doha Department Ageude: Workshop on Recent Analyses of the Doha Round (11/2/2010)

    d. WTO Forum: Are RTAs stepping stones or obstacles to the trading system (Jagdish Bhagwati, Columbia University, Gary Hufbauer, Peterson Institue of International Economics)

  4. What are the views and approaches of Indonesia and the US towards pursuing multilateral trade via the WTO, versus regional free trade via NAFTA and AFTA?

 


Unit 9

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 Argentina and Chilean Price Bands


  

[pdf]

[ppt]

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

  2. Read:

    a. Importing into the United States, A Guide for Commercial Exporters sections 34-38

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

  3. Watch:

  4. a. The streaming video BASIC GATT PILLARS III.

    b. NAFTA Rules of Origin - Video#12 (Department Commence)

    c. NAFTA Preference Criterion-Video #11 (Department Commence)

    d.
    NAFTA Certificates of Origin Part I Video #9 (Department Commence)

    e. NAFTA Certificates of Origin Part II Video #10 (Department Commence)

  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. Review 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 10

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

 

 

 

[pdf]

[ppt]

  1. Look at the language of GATT/WTO Agreement Article X

  2. Read:

    a. Japan - Measures Affecting the Importation of Apples (DS245) (Appellate Report)

    b. EC - Measures Concerning Meat and Meat Products (Hormones) (DS26) (Appellate Report)

  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 findings and conclusions of the latest Biotech disputes between Argentina, Canada, US and EU, dated September 29, 2006 , asking how the DSB appears to be coming out on all these hidden risk/GMO type questions.

  7. 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? 

 

 

Unit 11

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

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Malaysian Proton & AFTA



 

[pdf]

[ppt]


  1. Look at text of broad exceptions to GATT/WTO obligations
    (GATT articles XX, XXI)

  2. Watch The Labor Movement NGOs, International Labor Standards and American Values 11-16-07

  3. Review :

    a. Drusilla K Brown, International Labor Standards in the World Trade Organization and the International Labor Organization (Federal Reserve Bank of St.Louis Review 105,12,July/August 2000)

    b. Robert Stern, Labor Standards and Trade (Research Seminar in Interational Economics, Discussion Paper No.457)

    c. Richard Locke, Fei Qin and Alberto Brause Does Monitoring Improve Labor Standards? Lessons from Nike (MIT Sloan School of Management Working Paper No.24, July 2006)

    d. McKinney v. US Department of the Treasury, 799 F.2d 1544 (Fed Cir 1986)

    e. United States :Measures Affecting the Cross - Border Supply of Gambling and Betting Services (DS289)

  4. Watch before class the streaming video BASIC GATT PILLARS: EXCEPTIONS.

 

Unit 12

Trade/Environment & overlap

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:                             Environmental Equalization Tax Problem

 

 

 

 

 

[pdf]

[ppt]

  1. Read from Environmental disputes in GATT/WTO:

    a. EC- Measures affecting asbestos and asbestos-containing products (2001)

    b. US- Import prohibition of Certain Shrimp and Shrimp Products (1998) (shrimp-turtle case)

    c. US- Standards for Reformulated and Conventional Gasoline (1996)

    d. US- Restrictions on Imports of Tuna (1991) (tuna-dolphin case)

  2. Review An Introduction to Trade and the Environment at the WTO

  3. Watch:

    a. World Bank B-SPAN video 06/19/01 Dirty Exports and Environmental Regulation

    b. WTO Forum: Climate change: What is the role of trade? (Indonesia Trade Minister Mari Pangestu and Mark Halle, Institute for Sustainable Department)

 

Unit 13

Intellectual Property & TRIPS

David Linnan
Univ of South Carolina
School of Law

Gan Ying
East China Univ.
of Politics & Law



[pdf]

[ppt]

 


  1. Review TRIPS material on the WTO website, particularly TRIPS: Geographical Indications, TRIPS and public health and TRIPS, traditional knowledge, biodiversity.

  2. Watch:

  3. a. WTO Forum: Does the "TRIPS" agreement strike the right balance? (Celine Charveriat, Oxfam and Harvey Bale, International Federation of Pharmaceutical Manufacturers Association 7/16/07)

    b.Gan Ying on TRIPS (chinese video)
    .

      3. For developing country application see Linnan, Reading the Tea Leaves
         


Unit 14

Anti-Dumping & Countervailing Duties Law

David Linnan
Univ of South Carolina
School of Law

Gan Ying
East China Univ.
of Politics & Law

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

AASU Steel

 



 

[pdf]

[ppt]


 

  1.  Look at the language of GATT/WTO Agreement Articles VI , XVI & XIX

  2. Read:

    a. Anti-dumping

    b. Subsidies and countervailing measures

    c. Safeguard measures

  3. Review the WTO central webpages for Antidumping measures, Subsidies and countervailing measures and Safeguards.

  4. For Chinese views of Antidumping & counter veiling duties, watch before class Gan Ying's presentation and compare the relevant WTO agreement with Chinese implementation.

  5. Read before class 

    a. The WTO Agreement on Anti-dumping

    b. The WTO aggressment of Subsidies and Counterveiling Duty Measures

    c. The WTO Safeguard Measures Agreement

    d. Chinese Anti-dumpling Regulation

    e. Chinese Counterveiling Measures Regulation

    f. Chinese Safeguard Measures Regulation


Unit 15

FTAs and investment principles on NAFTA model

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
Agrobusiness

 

 

Customary Law
[pdf]

[ppt]

Treaty Approaches
[pdf]

[ppt]

  1. Watch:

  2. a. State Responsibility & Alien Protection ( traditional public international law approaches to foreign investment protection under customary law principles)

    b. Economic Integration & Protection Strategies ( traditional public international law approaches to foreign investment protection under treaty)


  3. Read for background on NAFTA.

  4. Read the text of the NAFTA Chapter 11 Investment Provisions.


Unit 16

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

 

 
  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 17

Investment & FTA dispute resolution on Singapore - US FTA model

Austin Pulle
Singapore Management University Department of Law

 

   


Unit 18

Agricultural Trade & Services Liberalization under both WTO & FTA approaches

David Linnan
Univ of South Carolina
School of Law

Discussion Cases:
South Korean Appl

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

 

 

[pdf]

[ppt]


  1. Read the following documents on the WTO website:

    Services Negotiations: The New Negotiations

  2. Explore the Services Trade page

  3. Watch the following WTO video David Hartridge, The General Agreement on Services (GATS) on the WTO general video access page


  4. Read the following documents on the WTO website:
    Doha Ministerial Declaration of November 14, 2001

    Doha Declaration Explained

    Understanding the WTO: Agriculture, A Fairer Market for Farmers



  5. Watch: World Bank B-SPAN video 09/16/2003 Overview of the Current WTO Agricultural Negotiations.

  6. Listen to 06/08/04 Cato Institute Policy Forum Down on the Fram: Assessing the Prospects for Global Agricultural Trade Liberalization

 

 

LAWS #665Fall2012 Home