International Trade Law: Interdisciplinary Theory and Practice

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LexisNexis, Jan 1, 2008 - Law - 1762 pages
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International Trade Law: Interdisciplinary Theory and Practice has been completely revised in its Third Edition, building upon the global successes of its two predecessor editions. Truly a "world law" Textbook applicable in any of the approximately 152 WTO countries, the Third Edition places much emphasis on coverage of developing and least developed countries in Asia, Africa, and Latin America, highlighting the significance of their demographics, politics, culture, and economic dynamism. Europe and the high-profile trade disputes between the United States and the European Union is another chief focal point of this distinctively comprehensive book. Notably, the Textbook avoids two pitfalls: an American-centric approach, and the suggestion that international trade law is only about the WTO.

The Textbook contains 50 Chapters dedicated to all aspects of the field, from ancient and medieval views about the morality of trade to the mysteries of adjustments to Constructed Export Price in a dumping margin calculation. The Textbook covers fully the Doha Round and the new, post-9/11 trade security rules. It includes 6 Chapters on free trade agreements (FTAs), 2 Chapters each on agriculture, services, and intellectual property (IP), and plenty of excerpts from key WTO and U.S. court cases. Overall, the Textbook is both a tour de force and user friendly. Not surprisingly, the Textbook has been used at roughly 100 law schools around the world, and translated into Vietnamese.

Each chapter is manageably-sized and offers a user-friendly structure, allowing the flexibility of choosing the chapters that best serve the needs of a professor's individual course. The topics in each chapter help students establish a fundamental foundation upon which to build their knowledge of international trade law. Useful notes appear throughout the text, carefully constructed and organized to guide and challenge students, without abandoning them to trying to play "find-the-ball" on their own, piecemeal.

The author sets forth five clear and fundamental themes in the preface which resonate throughout the text, providing not only coherence and integration, but also the passion that will ensure lively classroom discussion and debate. The author covers hot topics, such as protectionism, regionalization, labor, the environment, and sanctions, from both a practical and theoretical standpoint. Interesting and substantive interdisciplinary readings provide further penetration of a subject on not only the economics of international trade law, but on perspectives brought to the field by political scientists, international relations specialists, and philosophers.

 

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Contents

MULTILATERAL TRADE NEGOTIATIONS THROUGH THE 19705
39
The Early GATT Rounds 19481961
1
The Tokyo Round 19731979
10
THE URUGUAY ROUND 19861994 AND BIRTH OF THE WTO 1995
14
The Grand Bargain
17
The 1996 Information Technology Agreement and PostUruguay Round Deals
25
Changing the Rules
35
LAUNCH AMIDST SCHISMS NOVEMBER 2001
38
REMEDIES AGAINST UNFAIR TRADE ANTIDUMPING DUTIES
HISTORICAL AND ECONOMIC FOUNDATIONS OF AD
Neoclassical Economic Analysis of AD
PROCEDURES
Steps in an Antidumping or Countervailing Duty Case
Third Country Dumping
THE DUMPING MARGIN CALCULATION
Home Market Viability and Normal Value

The November 2001 Doha Development Agenda
41
The Impact of U S Presidential Trade Negotiating Authority
7
INTRICATE NEGOTIATIONS AND RESULTS AUGUST
11
The Deadlock on NonAgricultural Issues
22
The December 2005 Hong Kong Ministerial Conference
27
Intellectual Property Accomplishments
36
The July 2006 Collapse
40
2004DECEMBER 2007
46
ADJUDICATORY FOUNDATIONS OF FREE TRADE
ADJUDICATION MECHANISMS xViiixix
Procedural Common Law
ADJUDICATION CONTROVERSIES
Structural and Operational Problems
Compliance and Enforcement Problems
Precedent
ECONOMIC FOUNDATIONS OF FREE TRADE
FREE TRADE THEORY
Ricardos Law of Comparative Advantage
Key Microeconomic Concepts for Comparative Advantage
The Neoclassical Graphical Demonstration of Comparative Advantage
QUESTIONING FREE TRADE THEORY
Strategic Trade Policy and Managed Trade
TRADE PATTERNS AND FACTORS OF PRODUCTION
Returns to Factors of Production
Compensating Losers from Free Trade
ECONOMICS OF TRADE BARRIERS
Classical and Neoclassical Economic Analyses of a Tariff
The Terms of Trade Argument
LEGAL PILLARS OF FREE TRADE Chapter 11 THE FIRST PILLAR MFN TREATMENT AND GATT ARTICLE I
The 2000 Canada Auto Pact Case and De Facto Discrimination
Cracks in the First Pillar
TARIFF BINDINGS AND GATT ARTICLE II
Legitimate Expectations Tariff Bindings and the 1998 EC LAN Case
NATIONAL TREATMENT AND GATT ARTICLE III
4
Domestic Sourcing and GATT Article 1115
Cracks in the Third Pillar
NONTARIFF BARRIERS AND GATT ARTICLE XI
Cracks in the Fourth Pillar
The Fifth Pillar?
ADMINISTERING QUANTITATIVE RESTRICTIONS AND GATT ARTICLE XIII xixxx
Findings in the 1997 Bananas Case
Domestic Politics and Public Choice Theory
CUSTOMS
ORIGIN AND ENTRY
NonPreferential Rules of Origin
Entry of Merchandise
Foreign Trade Zones
TARIFF CLASSIFICATION
Classification Methodologies
TARIFF VALUATION
Valuation Conundrums
Drawback
TRADE CONTROLS
Philosophical Arguments on the Morality of Sanctions
Export Controls
BORDER SECURITY
Post9 11 US Trade Security Initiatives
Exporting U S Policy to the World
FREE TRADE AGREEMENTS
Job Creation or Destruction?
Stepping Stones or Fortresses?
ECONOMICS ASPECTS OF FTAs Chapter 22 POLITICAL AND SECURITY ASPECTS OF FTAs
Political Economy Criteria
National Security Criteria
The CAFTADR Concatenation
MULTILATERAL DISCIPLINES ON FTAs
GATS Article V Parameters
The 2006 Mexico HFCS Case
PREFERENTIAL RULES OF ORIGIN
Problems with Preferential Rules of Origin
Preferential Rules of Origin in NAFTA and Other FTAs
The 2006 Cummins Case
MARKET ACCESS
Sensitive Products and Sectors
Sensitivities and Safeguards
Three General Points
FURTHER COMMITMENTS xxxxi
FDI and Competition Policy
Institutions and Dispute Resolution
Third Country Price and Constructed Value
ADJUSTMENTS TO NORMAL VALUE
Direct Selling Expenses and the 1999 SKF Case
ADJUSTMENTS TO EXPORT PRICE AND CONSTRUCTED EXPORT PRICE
The Profit Adjustment to CEP and 2005 SNR Roulements Case
Repacking Expenses Levels of Trade the CEP Offset and 2004 NSK Case
DUMPING MARGIN CALCULATION CONTROVERSIES
NonMarket Economy Status
REMEDIES AGAINST UNFAIR TRADE COUNTERVAILING DUTIES
HISTORICAL AND ECONOMIC FOUNDATIONS OF CVD
Neoclassical Economic Analysis of Subsidies
Neoclassical Economic Analysis of a
The Level Playing Field Argument
INJURY AND CAUSATION IN AD AND CVD
Red Light Subsidies
NonMarket Economies and the 1986 Georgetown Steel Case
PrePrivatization Subsidies
The 2007 U S Policy Change on CVDs and NonMarket Economies
INJURY XXIXXII
Material Injury
Threat of Material Injury and the 1988 Goss Graphics Case
The ThreePronged Adverse Effects Test in CVD Cases
Serious Prejudice Price Suppression and the 2005 Upland Cotton Case
CAUSATION
Causation in Practice
Cumulation
REMEDIES AGAINST FAIR TRADE AND UNILATERAL REMEDIES
SAFEGUARDS
GATT Article XIX and the WTO Agreement on Safeguards
GATTWTO Jurisprudence on the Elements
Section 201 Actions
TRADE RETALIATION
Theories of Unilateral Trade Retaliation
POOR COUNTRIES
TRADE POLICIES GROWTH AND POVERTY
Import Substitution
SPECIAL AND DIFFERENTIAL TREATMENT
The BOP Exception for Developing Countries to GATT Obligations
Special and Differential Treatment in WTO Agreements
PREFERENTIAL PROGRAMS
Designation as a GSP Beneficiary
GSP Rules of Origin
Discretionary Graduation and Competitive Need Limitations
Nondiscriminatory Discrimination or Divide and Rule?
Special Help for Africa?
LABOR AND THE ENVIRONMENT
TRADE AND LABOR
Banning Imports Made By Forced Labor
THE JURISPRUDENCE OF GATT ARTICLE XXB AND
Differential Environmental Regulations and the 1996 Reformulated Gas Case
Species Protection and the 1998 Turtle Shrimp Case
SPS MEASURES
Provisional Measures and Article
The 2006 GMO Case
AGRICULTURE
MARKET ACCESS xxiixxiii
Tarrification and Safeguards
DOMESTIC SUPPORT AND EXPORT SUBSIDIES
The Green Box and the 2005 Upland Cotton Case
The EU Common Agricultural Policy
Export Subsidies Subject to Reduction Commitments and the 2005 Sugar Case
SERVICES
SERVICES TRADE NEGOTIATIONS
Classifying Services
Services Trade Commitments GATS Preamble Parts I and IVVI
Scheduling GATS Commitments and the 2005 Antigua Gambling Case
SUBSTANTIVE SERVICES TRADE OBLIGATIONS
General Obligations and Disciplines GATS Part
Specific Obligations GATS Part III
Exceptions GATS Article XIV
INTELLECTUAL PROPERTY
INTERESTS AND OBLIGATIONS
Overview of the TRIPs Agreement
Retroactivity Effective Protection and the 2000 Canada Patent Term Case
ENFORCEMENT
The GATTWTO Consistency of Section 337
Refusing Protection and the 2002 Havana Club Case
Special 301 Black Listing
Table of United States Cases GATTWTO and NAFTA Adjudications Index
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