Cardozo School of Law
INTERNATIONAL TRADE LAW
Spring 2007
Overview, basic information and “notional” syllabus
Professor Justin Hughes
212-790-0260
Hughes.yu.edu
BASIC INFORMATION
Class room: Room 304
Class hours: Tuesdays and Fridays, 11:00am – noon
Special Notes:
Because of the cancellation of class on January 23 and March 9, Professor Hughes has reserved Monday, March 19, and Monday, March 26, as possible dates for a NOON make-up class.
On Tuesday, February 20, ‘class’ will be attendance at the TRIPs amendment proposal (10:50-noon) of the Cardozo IP Program’s “Modest Proposals” conference, to be held in the Moot Court Room.
Office hours: Wednesdays, 2-4:00pm. I am generally available to talk most days when I’m at school and am always happy to schedule an appointment in advance, preferably by email.
Course Materials: Raj Bhala, International Trade Law: Theory and Practice (2nd edition, 2001), as well as distribution materials made available on ANGEL (including special reading for Professor Toshiko Takenaka’s TRIPs amendment proposals on February 20.
Evaluation Format: Grading in the course will be based on a final take home examination, either 4 hour or 8 hour (to be decided by the class). In addition, class participation will be used to adjust grades upward and, if announced by the instructor, or downward.
On syllabus, light blue indicates materials to be decided.
SYLLABUS
version 1.0 – January 24, 2007
FOR ALL ASSIGNMENTS, YOU SHOULD READ ANY RELEVANT PROVISIONS FROM GATT 1947, as discussed in the readings.
I. The policy arguments for and against free trade
Casebook pages
1 – 61 [stop at “Notes on the Factor Price Equalization. . . .”]
99-111 [II, Parts “A” and “B,” stop at “C” on page 111]
114-117 [“D. The Americanization of World Culture”]
Note: Because these pages are not legal provisions, cases, or legal commentary are discussion of these readings will be more general and your reading can be less ‘intense’
II. The Legal Structure of the WTO/GATT
Casebook pages
127 - 150 [stop at “The Failed Effort to Become . . .]
194-201 [Gilpin reading to “III The Birth of the WTO”]
214 – 228 [“The DSU” to “B. Actions Required . . .”]
III. Customs Law, Tariffs, and GATT Article II
Casebook pages
287 – 319 [to Kenneth Dam reading]
361 – 373 [“Classification: through “Notes on the HTS General Rules . . .”]
374 – 390 [“C. Classification Connundrums”]
IV. The Most-favored-nation Clause – GATT Article I
Casebook pages
249 – 259
Additional readings, excerpts from
Japan – Tariff on Imports of Spruce-Pine-Fur (SPF) Dimension Lumber, GATT Panel Report adopted 19 July 1989, 36th Supp. BISD 167 (1990)
Spain – Tariff Treatment of Unroasted Coffee, GATT Panel Report, adopted 11 June 1981, 28th Supp. BISD 102 (1982)
Canada – Certain Measures Affecting the Automotive Industry, WT/DS139 & 142/AB/R, adopted by the DST, 19 June 2000
V. National Treatment of GATT Article III
Casebook pages
423 – 443
Additional readings, excerpts from
Italian Discrimination Against Imported Agricultural Machinery, GATT Panel Report adopted 23 October 1958, 7th Supp. DISD 60 (1959)
Casebook pages
443 – 450 [Canada – Administration of the Foreign Investment Review Act. . .]
Additional readings, excerpts from
European Communities – Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R, Appellate Body Report adopted by the DSB on 5 April 2001
Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161 & DS169/AB/R, Appellate Body Report adopted by the DSB on 10 January 2001
VI. Non-Tariff Barriers and GATT Articles X and XI
[pages to be decided]
VII. Dumping and subsidies
[pages to be decided]
VIII. Regional Trading Arrangements -- Free Trade Areas and Customs Unions
Casebook pages
617 – 645 [the economic model described on pages 640-645 can be skimmed]
653 – 656 [An Overview of the Results of NAFTA]
IX. The “General exceptions” to WTO/GATT
A. Escape clauses and adjustment policies
[pages to be decided]
B. Trade and the Environment
[pages to be decided]
X. Trade and Development, labor standards, and human rights
[pages to be decided]
End of syllabus, version 1.0
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THIS IS ALSO AVAILABLE ON THE ANGEL SYSTEM
d-02InternationalTRADEsyllabus.doc/page XXX/printed January 25, 2007