SYLLABUS: INTERNATIONAL BUSINESS - LAWS AND PRACTICES

Level of Knowledge: Expert Knowledge

Objective: To acquire specialized knowledge in International business, law, procedure and
practices.
Detailed Contents:

1. Introduction – International Business - Nature and Scope, – Globalization - Meaning,

Levels, Merits, Limitations and irreversibility of Globalization – Need to go global –
Internationalization Decisions (entry modes) – SEZ features

2. International Business Environment – Meaning of Environment – Dimensions - PEST

to STEEPLE – Internal Environment and External Environment – SWOT Analysis – Various
approaches to Assess competitiveness including Michael Porter’s 5- Forces Model – Global
Competitiveness Index

3. Multi National Enterprises (MNEs) and Foreign Direct Investment (FDI) – Meaning
and Characteristics – Role of MNEs in host economy – Trends in Global FDI – Trends in
FDI with reference to India – Issues with MNEs - Taxation, Restrictive Trade Practices,
Currency, Jurisdiction and Technology Transfer

4. Foreign Trade Policy and Procedures – Introduction to Foreign Trade Policy –

Institutional Framework for Export Promotion – Export Incentives and Facilities –
EPZ/FTZ/100% EOUs – Quality Control for Exports – Export Prospects for Select Products
and Services – INCO Terms v – International Commercial Arbitration-Shipment and Post
Shipment Finance – SEZ-Incentives and Benefits – Method of Realizing Export Payments
and Ensuring Guaranteed Export Payment – Central Excise Clearance Formalities –
Customs Regulations and Clearance Formalities for Exports & Imports – Duty Draw Back
Claims Procedure – Foreign Trade Financing - Export & Import – Foreign Exchange Risk
Management – International Credit Management – Warehousing – Instruments of Trade
Policy and India’s Trade Policy

5. International Trade and Regional Economic Integration – Theory - Mercantilism,

absolute advantage and comparative advantage – Trends in Global Trade – Trends in
India’s Trade – Types of Regional Economic Integration - Free Trade Area, Custom Union,
Common Market, Economic Union, Monitory Union and Political Union etc. – Trading
Blocks- ASEAN,SAFTA,SAARC,NAFTA,EU

6. Institutional Environment – Pre WTO Scenario, difference between GATT and WTO –
Trade Related Institutions - WTO and UNCTAD – WTO - Basic Principles, various
agreements, Functions and Areas of Operations, Dispute Settlement Mechanism (rules and
procedures) – IMF, IBRD, ADB – Commodity Agreements

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7. Anti-Dumping Duties – WTO Provisions on Anti-Dumping-, Anti-Dumping Duties,
Procedure and Developments – Regulatory Framework for Anti Dumping in India – Recent
Anti Dumping Cases in India

8. Subsidies and Countervailing Duties – WTO Provisions – Administration – Procedure

and Emerging Trends – Regulatory Framework for Subsidies & Countervailing duties in
India – Doha Development Round vi

9. Foreign Collaborations and Joint Ventures – Foreign Direct Investment Policy, Industrial
Policy – Kinds of Collaboration and Joint Ventures – Drafting of Agreement – Restrictive
Clauses in the Foreign Collaboration/Joint Venture Agreements – International Commercial
Arbitration

10. Strategic Alliances – Meaning, Rationale, Types, Trends in Alliances in New

Competitive Environment, Strategic Alliance Failures, Managing Strategic Alliances.

11. Logistics Management – Logistics Framework- Concept, Objective and Scope –

Transportation, Warehousing, Inventory Management, Packing and Unitization, Control and
Communication – Role of IT in Logistics, Logistics Service Firms and Third Party Logistics

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Documentation in Philippines for Export

How many documents required in Philippines to export goods? What is the certification
process to export to Philippines? What are the documentation procedures as an exporter in
Philippines?

Information provided here describes about documents required for export from
Philippines.

You should enlist your business with the Department of Trade and Industry (DTI). You will
likewise require different sorts of business licenses relying on the kinds of items you will
import and/or export. To enlist as an importer, organizations need an Import Clearance
Certificate from the Bureau of Internal Revenue. Importers then enroll with the Bureau of
Customs (BOC) and set up an account with the Client Profile Registration System (CPRS).
The Import Clearance Certificate is legitimate for three years while the Customs Client
Profile Accreditation must be refreshed every year.

The Bureau of Customs (BoC or BOC; Filipino: Kawanihan ng Adwana) is the official
Customs department of Philippines under the Department of Finance. It is in charge of
directing and facilitating trade, evaluation and collecting import duties and taxes, fighting
illegal trade and other forms of customs fraud, and devising and managing customs
administration frameworks for trade facilitation

There are mainly three categories of permissions required to take import clearance cargo
delivery from Philippines customs bonded area. They are Permission from Philippines
Customs authorities, Permission from Carrier of goods, permission from custodian of cargo
handling at particular import customs port in Philippines.

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 The documents may have to be prepared in a particular way to comply with the
requirements of the import or export country.

For the most part in all nations there are three phases of process for import. One time
enrolment method to acquire import permit, documentation required for importation and
Import customs clearance procedures. Point by point data on these three phases of imports
has been specified independently in this site. You may click underneath those data
connects to find out about well ordered techniques on the most proficient method to import:

License required for Import

Import documents required

Import Customs Process

Licence required to export from Philippines

Export Registration process in Philippines

ASEAN Trade in Goods Agreement

The 2010 ASEAN Trade in Goods Agreement (ATIGA) consolidated all Common Effective
Preferential Tariff/ASEAN Free Trade Area (CEPT/AFTA) commitments related to trade in
goods. It seeks to establish a single market and production base with a free flow of goods
in the ASEAN region, a major component of the ASEAN Economic Community (AEC).
ATIGA covers tariff liberalization, trade facilitation initiatives, simplification of rules of origin,
and establishment of an ASEAN Trade Repository. Visit http://investasean.asean.org/ for
updates on ASEAN trade.

Philippines – Japan Economic Partnership Agreement

The Philippines and Japan entered into a free trade agreement in 2008. PJEPA is the
Philippines’ only bilateral free trade agreement, covering, among others, trade in goods,
trade in services, investments, movement of natural persons, intellectual property, customs
procedures, improvement of the business environment, and government procurement.

Philippines – European Free Trade Association Free Trade Agreement

The Philippines and EFTA members – Iceland, Liechtenstein, Norway, and Switzerland –
signed a free trade agreement in 2016 which is expected to enter into force in 2018. The
Philippines-EFTA covers trade in goods, trade in services, investment, competition,
intellectual property, government procurement, and trade and sustainable development.

Other Free Trade Agreements

The Philippines has free trade agreements with China, India, Japan, South Korea, and
Australia and New Zealand under ASEAN.

Visit https://www.dti.gov.ph/15-main-content/dummy-article/682-free-
tradeagreements and http://tariffcommission.gov.ph/finder/ for a list of Philippine trade
agreements and corresponding tariff schedules and commitments. Other trade-related
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information is also available at the Philippine National Trade Repository
website http://pntr.gov.ph/.

Contact Information:
Atty. Ann Claire C. Cabochan
Director
Bureau of International Trade Relations
Department of Trade and Industry
4F DTI International Building, 375 Senator Gil Puyat Avenue, Makati City
Tel: (632) 465-3355; 465-3300
Email: AnnClaireCabochan@dti.gov.ph

PART I
Prescribed Books:
1. Raj Bhala, International Trade Law: An Interdisciplinary Non-Western Textbook (Vols &
2) Lexis Nexis (2015)
2. Schnitzer Simone, Understanding International Trade Law (2nd ed.) Universal (2010)
3. Carole Murray, David Holloway, The Law and Practice of International Trade, (12th
edn.) Sweet & Maxwell (2015)

4. Autar Krishen Kaul, A Guide to the W.7:0. and GATT’: Economics, Law, and Politics,
KInternational (2006)
5. Dr. S.R. Myneni, International Trade Law (International Business Law) (3rd edn.)

OUTLINE

Topic 1: Origin and Evolution of GATT & WTO.

1 Global Economics and International Trade Law
1.2 Protectionism vs Free Trade
1.3 Birth of GATT, 1947
1.4 GATT Rounds of Negotiation Including Doha Round and After
1.5 The WTO: Its Genesis (Uruguay Round 1986 to 1994)
1.6 The WTO Charter and GATT 1994, WTO Agreements, Understandings, Annexes
1.7 Objective, Function and Structure of WTO (Key Organs or Bodies), Membership,
Decision Making Process, Voting, Amendment, Waiver etc.

Topic 2: The Principles on Non-Discrimination in GATT & WTO

2.1. Most-favoured-Nation Treatment (MFN) Article 1 of GATT 1947: its background and
history, meaning, scope, significance & advantages,; meaning and scope of ‗like product‘.
2.2. Exceptions to MFN (Annexes A to F of Article 1, Customs Unions and Free Trade
Areas (Art. XXXIV), Generalized System of Preferences (Art XXV), Art. XXXV, Art XXV, Art.
XX, Art XXI, XII-XVIII, Art. VI, Subsidies Code and Government Procurement Code, Art
XXIII, XIX (Escape Clause); Also Discuss Regional Associations like NAFTA, BRICS,
SAFTA, TTIP etc.
2.3. National treatment principle (NT) Article III, GATT: its Origin & Scope, Meaning,
Methodology.
2.4. Exceptions to National Treatment Principle.

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Topic 3: Dispute Settlement Procedures under GATT and WTO

3.1 Dispute settlement under GATT: Article XXII,Article XXIII, its merit & de-merit
3.2 Difference between the GATT and WTO dispute settlement procedures
3.2.1 Dispute Settlement Procedure under the WTO charter (refer Agreement on Dispute
Settlement Understanding), Consultation, Dispute Panel Body, Appellate Body,
Implementation of findings/decisions of WTO Dispute Settlement Body (Refer
Article XXV GATT)

Topic 4: Agreement on Subsidies and Countervailing Measures

4.1 Identification of Subsidies that are subject to the SCM Agreement.

4.2 Definition of ‗Subsidy‘, ‗Specificity‘.
4.3 Regulation of Specific Subsidies
i. Prohibited Subsidies
ii. Actionable Subsidies
iii. Non- actionable Subsidies
4.4 Dispute Settlement and Remedies

Topic 5: Agreement on Dumping and Anti-Dumping Duties

5.1 Anti-dumping: A Basic Overview

5.2 Anti-dumping Investigations
i) Initiation
ii) Evidence used in the Investigation
iii) Key substantive issues: Dumping, injury and causation
5.3 Anti- dumping Measures
i) Provisional measures
ii) Price undertakings
iii) Duration & review of duties
iv) The use of Anti-dumping Measures other than Tariff Duties
5.4 Challenging AD measures in WTO Dispute Settlement
v) Standard of Review
vi) The measures to be challenged
vii) Good faith, Even-handedness, Impartiality

Topic 6: General Agreement on Trade and Services (GATS)

6.1 The scope of GATS

6.2 General obligations and disciplines
i. MFN Principle (GATS Article II & Annex)
ii. Domestic regulations (GATS Article VI)
iii. Exceptions (GATS Article XIV)
6.3. Specific commitments (GATS Parts III-IV)
i) Market access
ii) National treatment
iii) Additional commitments

Topic 7: Agreement on Trade-Related Investment Measures (TRIMs)

7.1. Objective and Coverage of TRIMs

7.2. National Treatment and Quantitative Restrictions, Inconsistent TRIMs
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7.3. Notification & Transitional Agreements, Transparency
7.4. Provision for Developing Country Members

PART- II
1. Indira Carr, International Trade Law, (5th edn.) Routledge (2014)
2. Jason Chuah, Law of International Trade, (5th edn.) Sweet & Maxwell (2013)
3. Dr. S.R. Myneni, International Trade Law (International Business Law) (3rd edn.)
Allahabad Law Agency (2014)

Topic 8: Export Trade transactions and International Commercial Contracts

7.1 Types of International Contracts
7.2 Standard Trade Terms (CIF, FOB, FAS)
7.3 Formation and Enforcement of International contracts
7.4 Rights Liabilities of Parties to Contracts

Topic 9: Payments in International Trade

8.1 Bills of Exchange
8.2 Law Relating to Bills of Exchange
8.3 Commercial Credit in International Trade
8.4 Letter of Credit: Types and the Law Relating to Commercial Credit

Topic 10: Carriage of Goods in Export Trade

9.1 Carriage of Goods by Sea
9.2 Bills of lading and Charter Parties
9.3 Rights and Liabilities of the Parties to Contract of Carriage

INDEX
1. WTO: Objective, Functions & Organizational Structure
2. Agreement Establishing the WTO, 1994 (Text)
3. General Agreement on Tariffs and Trade, 1994 (Text)
4. Principle of Most Favoured Nation
5. Principle of National Treatment
6. Understanding on Rules & Procedures Governing the Settlement of Disputes (Text)
7. Dispute Settlement System in the WTO (Reading)
8. Dumping & Anti-Dumping in the GATT/WTO
9. General Agreement on Trade in Services (Text)
10. GATS (Reading)
11. Agreement on Trade Related Investment Measures (Text)
12. TRIMS (Reading)
13. European Communities — Regime for the Importation, Sale & Distribution of Bananas,
WT/DS 27, 5 Feb., 1996
14. India – Measures Affecting the Automotive Sector WT/DS146/R, 5 April, 2002
15. U.S. –Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from
India, WT/DS 436/AB/R (19 December 2014)
16. India-Certain Measures Relating to Solar Cells and Solar Modules, WT/DS 456, 6 Feb.
2013
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