International Economic Law

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INTERNATIONAL TRADE LAW: THE WTO Atty. Jose Victornino L.

Salud FEU DLSU JD-MBA Program Course Description The course will focus on the laws governing international law, under the general purview of the World Trade Organization. The class will focus on the WTO Rules, with focus on its historical, legal and economic role in globalization. The class will explore the issues such as rules of the WTO on Restraints to Trade, Trade in Services, the WTO Dispute Settlement Mechanism, Intellectual Property Rights, and International Trade and Finance. The class will be conducted on a modular basis, divided into 5 modules, guided by the topical outline below. Students taking the class should expect an interactive discussion. After the completion of the modules, a significant part of the semester will be dedicated to the discussion of the specific topics (under the topical outline) and the study of actual WTO cases. Class Recitation and Quizzes (40%) Midterms (20%) Writing Requirement or Moot Court Finals (40%) 3 hour Final Examination Modules Module One: Module Two: Module Three: Module Four: Module Five: Review of Public International Law Introduction to the WTO and the Multilateral Trading System The Basic Principles of the WTO The Exceptions to the Basic Principles The WTO Agreements

*There will be a quiz at the end of each module. Topical Outline (For guidance and specific discussions) I. THE SYNTAX AND GRAMMAR OF INTERNATIONAL TRADE LAW a. The Economics of International Trade Law b. International Trade Law and the World Trade Organization II. GLOBALIZATION AND REGIONALISM a. World Trade Organization i. The General Agreements on Tariffs and Trade

ii. Evolution of the GATT and GATT Law iii. The GAT/WTO System after the Uruguay Rounds iv. The International Exchange of Services and the creation of the GATS b. European Union c. NAFTA d. ASEAN III. IV. RULES OF ORIGIN TARIFFS AND CUSTOMS LAW / THE MOST FAVOURED NATION PRINCIPLE a. Tariffs and Customs Law b. The MFNP i. Origins ii. Regionalism iii. Enabling Clause for Developing Countries iv. Waivers V. QUANTITATIVE RESTRICTIONS AND MEASURES EQUIVALENT TO QUANTITATIVE RESTRICTIONS a. Article III and XI of the General Agreement on Tariffs and Trade b. Concept of Non-Tariff Barriers VI. NATIONAL TREATMENT a. Local Taxation and WTO Rules b. Domestic Law Regulations VII. GENERAL EXCEPTIONS a. Article XX, GATT 1994 VIII. TECHNICAL BARRIERS TO TRADE a. Agreement on Technical Barriers to Trade IX. DISPUTE SETTLEMENT SYSTEM a. Dispute Settlement Overview and Relevant Legal Texts b. Nullification and Impairment

c. Dispute Settlement System Review X. ANTI-DUMPING AND SUBSIDIES a. Anti-Dumping Actions b. Subsidies and Countervailing Measures XI. TRADE IN SERVICES a. b. c. d. XII. XIII. XIV. Articles I-III, V-VII, IX, XIII-XIV GATS Schedule of Commitments and List of MFN Exemptions Goods v. Services and Substantive GATS Obligations Autonomous Liberalization

SAFEGUARD MEASURES INTELLECTUAL PROPERTY RIGHTS (TRIPS) TRADE AND FINANCE

Materials The material is patterned after the open source outline and materials prepared by the Jean Monnet Center for International and Regional Economic Law and Justice. http://centers.law.nyu.edu/jeanmonnet/courses/wto/index.html Please download on your laptops all the materials on the page mentioned, and have them ready for class, as we will refer to them during the module discussions.

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