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