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International Trade Law Syllabus

International Trade Law Syllabus

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Syllabus
-
International
 
Trade
 
Law,
 
LAWS
 
6410
 
Fall
 
Semester
 
2012
 
Eric Garfinkel, J.D.Eric.Garfinkel@colorado.edu Research Fellow and Adjunct FacultyOffice: Wolf Law 1B45Office Phone: 303 492‐4891Class Hours: Tuesday and Thursday, 9 am‐10:15 amOffice Hours: Tuesday and Thursday, 8 am‐9 amClass Room: Wolf Law 307
Course
 
Goals
 
The goal for this course is for students to develop a core understanding of how therules regulating international trade
operate
 
in
 
 practice,
 
as well as in theory. We willintegrate the public policy, diplomatic and economic variables that bear on how theinternational trade rules embodied in the Word Trade Organization (WTO)agreements are negotiated and implemented, and how trade disputes are settled oradjudicated.We will explore how governments, businesses, labor unions and farm groups jockeyto use WTO rules to their advantage in competing for global market share andeconomic rents. By the end of the semester you should be in a position to identifyand analyze potential claims and defenses available under WTO rules arising undera variety of fact patterns.Going forward, understanding WTO rules will help you provide counsel to a widespectrum of potential clients and stakeholders impacted by developments in globaltrade including: established businesses and farm groups; entrepreneurs and start‐ups in globally competitive fields; government policy makers and legislators activein economic policy and international diplomacy; non‐profits and other non‐governmental organizations (NGOs) active in fields such as climate policy, naturalresource conservation and human rights advocacy and trade associations, unionsand think tanks active in trade policy development.Knowledge of the global rules and how they operate will give you a new perspectiveon the current economic and political debate over liberalized trade, off shoring of jobs and our trade relationship with countries such as China.
Course
 
Description
 
Most people pay little if any attention to global trade rules. We concern ourselveswith laws and regulations promulgated by our national, state and localgovernments. But, what happens in the governance of international trade in goods,services and intellectual property often passes under our radar. In the new world of 
 
intense global competition for jobs and market share in everything from autos andsteel to medical, legal and accounting services, understanding the rules of theinternational trading system is vital.WTO trade rules govern what governments can and can’t do to assist theirbusinesses, farmers, workers and entrepreneurs in international commerce.WTO rules spell out the conditions under which governments can restrict imports of to legitimately protect human, animal or plant life or health. The rules set forth theconditions under which governments can restrict exports to conserve exhaustiblenatural resources. The trading rules even define the circumstances under whichgovernments can restrict imports of goods and services to protect public morals ormaintain public order. WTO rules dictate the parameters under which governmentscan subsidize, promote and protect their industries and farmers. They covergovernment purchasing decisions, trade‐related investment policies, intellectualproperty rights, and competition in services, among other categories.We will begin the course with an overview of the economic and political rationalebehind trade liberalization and the founding of the General Agreement on Tariffsand Trade (GATT) and its successor, the WTO. (
 A
 
week 
-
by 
-
week,
 
class
-
by 
-
class
 
schedule
 
of 
 
topics,
 
readings,
 
questions
 
and 
 
 problems
 
we
 
will 
 
discuss
 
in
 
class
 
is
 
set 
 
 forth
 
below.
)We will spend several classes considering both sides of the economic debate overtrade liberalization and off shoring. We consider the relationship of WTO law tonational law, and then discuss the history and structure of the WTO. Understandingthe institution is an important building block in gaining insight into the way inwhich rules are negotiated, implemented and adjudicated.We will devote two classes to the WTO dispute settlement system, which is thecentral mechanism through which member countries hold each other accountablefor commitments they have made. We will then move class‐by‐class through thesubstantive rules governing tariffs, quantitative restraints, the principles of most favored nation and national treatment, and preferential trade agreements. We willdevote special attention to two important WTO agreements that address non‐tariff barriers: the Agreement on the Application of Sanitary and Phytosanitary Measuresand the Agreement on Technical Barriers to Trade. We will spend two classes eachon the rules governing the use of government subsidies, and the conditions underwhich governments can impose remedies in response to dumping.We will also spend two classes each on the “new generation” agreements governingtrade in services and intellectual property. We will finish the semester with a classcovering the rules of the WTO intended to contribute to development of the world’spoorest nations.
 
Throughout the semester we will integrate current developments and topics in thenews into our class discussions. Some of the current topics that we will bediscussing include: Russia’s pending accession to the WTO and what it means for thetrading system; progress in the WTO Doha Round and Trans Pacific Partnership(TPP) trade negotiations; allegations concerning China’s manipulation of itscurrency and whether a viable claim exists under WTO rules; the extent to whichWTO rules limit the ability of governments to regulate certain imports or exports forenvironmental or resource conservation reasons; and the degree to which publiccorporations are handicapped when competing against companies owned bygovernments (state‐owned enterprises), and whether WTO rules help level theplaying field;
Textbooks
 
and
 
Supplemental
 
Reading
 
We will be using
International 
 
Trade
 
Law 
, Second Edition, by Andrew Guzman andJoost Pauwelyn, which incorporates many of the latest WTO dispute settlement reports. (Pauwelyn served as a legal officer in the WTO Legal Affairs Division and inthe WTO Appellate Body Secretariat.) The textbook integrates the law (WTO rules)with relevant aspects of economics and public policy in an engaging way.From time to time, we will also discuss the lead stories in the newsletter,
Inside
 
U.S.
 
Trade
, that covers trade policy developments in Washington and at the WTO, inGeneva. I will give you advance notice of when we will be discussing an
Inside
 
U.S.
 
Trade
story in class. In general, staying current with this publication will help put the material we are covering in context with current events.
Inside
 
U.S.
 
Trade
isavailable electronically through the UCB Chinook Library system. New issues areposted on Fridays. To find it, log onto the Chinook Library system. Under SearchChinook Plus, type in: “
Inside
 
U.S.
 
Trade” 
and then select the electronic version of 
Inside
 
U.S.
 
Trade
available through
LexisNexis
. In the
LexisNexis
search terms box,type: “Date is 8/2012.” This will pull up all articles published thus far in August.“Date is 9/2012” will pull up all published issues for September, and so on.Class materials:
 
Andrew Guzman and Joost Pauwelyn,
International 
 
Trade
 
Law 
, SecondEdition, Aspen Casebook Series, 2012
 
Andrew Guzman and Joost Pauwelyn,
Documents
 
Supplement,
 
International 
 
Trade
 
Law,
Second Edition, 2012
 
Inside
 
US 
 
Trade
, weekly international trade newsletter, availableelectronically, via the UCB Chinook Library systemThe casebook and supplement reading assignments are listed below. Read theassigned pages in the textbook (including the assigned notes, questions and

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