Professional Documents
Culture Documents
Ranchi
(ELECTIVE -I)
FACULTY
DR. MAUSAM
About the Course
The Course is a honours paper on International Trade Law. It will familiarize the students
with the normative framework of the General Agreement on Trade and Tariffs (GATT) 1994
and the Marrakesh Agreement Establishing the World Trade Organization. It will also discuss
the relevant case laws and engage with the academic commentary which has developed in the
implementation and interpretation of these documents. The students will also get introduced
to the Dispute Settlement Mechanism and its current challenges. Further there will be a brief
introduction to some of the Special agreements which came into the force when World Trade
Organization (WTO) was formed.
▪ Understand the Dispute Settlement Understanding and the challenges in its current
implementation
Pedagogy
▪ Live Lectures
▪ Discussion
Evaluation Criteria
Readings
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Economics’.
Module II
a. Most Favoured Nation Concept under General Agreement on Tariffs and Trade,
Cases
▪ Canada/Japan: Tariff on Imports of Spruce, Pine, Fir (SPF) Dimension Lumber 1989
Readings
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
▪ Petros C Mayroidis: Trade in Goods; The GATT and other WTO Agreements
RegulatingTrade in Goods.
Autar Krishen Koul, ‘Guide to the WTO & GATT: Economics, Law and Politics, Fifth
Edition, 2015.
▪ Prof Raj Bhalla: Modern GATT Law; A Treatise on the General Agreement on Tariffs
and Trade
▪ Biswajit Dhar and Abhik Majumdar: ‘The India -EC GSP Dispute: The Issues and the
Process’
▪ Ravindra Pratap: ‘WTO and the Tariff Preferences, India Wins Case, EC the Law’
b. National Treatment under General Agreement on Tariffs and Trade, 1994 (GATT)
Article III, GATT 1994(a) (Article III:1, Article III:2, Article III: IV, Article III: VIII)
Cases
Readings
▪ Andrew Mitchell and Tania Voon: ‘Regulating Tobacco Flavours: Implications of WTO
Law’
▪ Simon Lester and Bryan Mercurio with Arwel Davies and Kara Leitner: World Trade
Trade in Goods.
▪ Prof Raj Bhalla: Modern GATT Law, A Treatise on the General Agreement on Tariffs
and Trade
Module III
Readings
Investigations
Readings
▪ Sheri Rosenow and Brian J. O’Shea: A Handbook on the WTO Customs Valuation
Agreement
Module IV
Cases:
and Audio-visual Entertainment Products 2009, (Panel and Appellate Body Report)
▪ China-Measures Related to the exportation of various Raw Materials Panel Report 2011 and
AB 2012
Readings:
▪ William J. Long. The U.S. -Japan Semi-Conductor Dispute: Implications for U.S. Trade
▪ Impact on India of Tariff and Quantitative Restrictions under WTO, Bishwanath Goldar,
Working Paper No. 172, Indian Council for Research on International Economic Relations,
November 2005
▪ Non – tariff Barriers Affecting India’s Exports, Rajesh Mehta, Research and Information
System for the Non-Aligned and the Other Developing Countries, June 2005
▪ Non – Tariff Measures to Trade: Economic and Policy Issues for Developing Countries,
▪ Non-Tariff Barriers to Trade: Case Study of India vis a vis EC, Japan and USA,
Madanmohan
Ghosh, April 1994, MPhil Dissertation to Jawahar Lal Nehru University, New Delhi.
▪ Non-Tariffs Barriers in the Transport and Logistics Sectors: India, Arpita Mukherjee &
Smita
Miglani, August 2010, Research Report, European Business and Technology Centre
▪ Trade Politics and the Semi-Conductor Industry, Doughlas A. Irwin, Working Paper No.
475,
National Bureau of Economic Research (NBER) Working Paper Series, May 1994
Module V
Cases
▪ Canada -measures Relating to Exports of Wheat and Treatment of Imported Grain, Panel
Readings
▪ China’s Trade Development Strategy and Trade Policy Reforms: Overview and Prospect,
Sheng Bin, April 2015, International Institute for Sustainable Development, Nankai
University
▪ State Trading and Non-Market Economies, John H. Jackson, International Lawyer, Vol
Module VI
Cases
▪ Brazil – Measures Affecting Imports of Re-treaded Tyres, Panel Report (2005) and AB
Report (2007)
▪ China – Measures Related to the Exportation of Various Raw Materials, AB Report 2012
▪ United States Import Prohibition of Certain Shrimp and Shrimp Products, Panel and AB
Report, 1998
Readings
▪ The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the
Trade
and Environment Debate, Robert Howse, Columbia Journal of Environmental Law, Vol 27:2,
2002
▪ Bilateralism under the World Trade Organization, Y.S. Lee, Northwestern Journal of
▪ The WTO Impact on Internal Regulations- A Case Study of the Canada-EC Asbestos
Dispute,
Robert Howse and Elizabeth Tuerk, Chapter 12, WTO Impact of International Regulations
▪ Free Trade and the Environment- Can NAFTA Reconcile the Irreconcilable? James E.
Bailey,
▪ GATT and the Environment: Reconciling Liberal Trade Policies with Environmental
▪ The Judicial Resolution of Conflicts Between Trade and Environment, John H.Knox,
Harvard
▪ Bradley J.Condon, Reconciling Trade and Environment: A Legal Analysis of European and
▪ Revisiting the WTO Shrimps Case in the Light of Current Climate Protectionism: A
▪ The Next Generation of Trade and Environment Conflicts: The Rise of Green
IndustriaPolicy, Mark Wu & James Salzan, Northwestern University Law Review,108:401,
2014
▪ The Seduction of the Appellate Body: Shrimp/Sea Turtle I and II and the Proper Role of
States in WTO Governance, J Patrick Kelly, Cornell International Law Journal, Volume 38,
2005
▪ The Shrimp – Turtle Case: Implications for Article XX of GATT and the Trade and
Environment Debate, Bruce Neuling, Loyola of Los Angeles International and Comparative
Law Review, Volume 22, 1999.
▪ The World Trade Organization Appellate Body-United States v. Venezuela: Interpreting the
Preamble of Article XX-Are Possibilities for Environmental Protection under Article XX(g)
of GATT Disappearing, Hans J. Crosby, Vill. Environment law Journal, volume 9,1998
Module VII
a. Procedure
b. Reverse Consensus
c. Appellate Body
d. Amicus Curiae
f. Current Challenges
Cases
▪ EC Hormones Case
Link
▪ Law P12 M-14. Dispute Settlement under the WTO, ePG Pathshala
Reading
▪ The History and Future of the World Trade Organization, Craig Van Grasstek, World Trade
▪ The Economics of Trade Disputes, the GATT’s Article XXIII, and the WTO’s Dispute
▪ Dispute Settlement in the WTO, Developing Countries and India, Anwarul Hoda, ICRIER
▪ Due Process in the World Trade Organization: The Need for Procedural Justice in the
Dispute
Volume 14,1999
▪ Effects and Outcomes of Amicus Curiae Briefs at the WTO: An Assessment of NGO
Experiences, Leah Butler, Amicus Curiea Briefs and NGOs, May 8 2006
for the Resolution of International Trade Disputes, Sean P. Feeney, Pepperdine Dispute
▪ The Role of Consensus in GATT/WTO Decision making, Mary E. Footer, North western
▪ The WTO Banana Dispute Settlement and Its Implications for Trade Relations between the
United States and the European Union, Hunter Clark, Volume 35, Cornell International Law
Journal, 2002
Module VIII
a. Agreement on Agriculture
▪ The WTO Agreements, The Marrakesh Agreement Establishing the World Trade
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita,Thomas J
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar,
Martin
Links
▪ Different Agreements of WTO and its impact on Indian Economy, Vidya-mitra, E-pathshala
▪ Law P12 M-09. The anti-dumping agreement under the WTO, e-PG Pathshala
▪ Law p12 M-10 Agreement on subsidies and countervailing measures, e-PG Pathshala
▪ Law P12 M-18 Trade Related Investment Measures (TRIMS), e-PG Pathshala
▪ Law P12 M-23 The agreement on trade related aspects of intellectual property rights, e-PG
pathshala
Required Readings:
Recommended Readings:
▪ Peter Van den Bossche, Zdouc, Werner, The Law and Policy of the World Trade
▪ The World Trade Organization: Law, Practice and Policy, By Mitsuo Matsushita, Thomas J
▪ The Oxford Handbook on The World Trade Organization, Edited by Amrita Narlikar,
Martin
▪ The Oxford Handbook of the Political Economy of International Trade (Oxford University
▪ Making Rules in the WTO: Free or Managed Trade? Surendra Bhandari, Rose Books, 2012
Economics, 2003
▪ Trade Policy Reform in India Since 1991, Harsha Vardhana Singh, Working Paper 02,
▪ GATT and the Evolution of the Global Trade System: A Historical Perspective, Gerald A.
Bunting, Journal of Civil Rights and Economic Development, Volume 11, 1996
▪ WTO: Past, Present and Future-The Political perspective, World Trade Organization
▪ What Trade and environment negotiations agenda for the WTO? Peterson Institute for
International Economics.
▪ The Common Law of International Trade and the Future of the WTO, Centre for
International