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INTERNATIONATIONAL TRADE LAW

LL.B. Vth TERM


2016-17
Anupam Jha
Miizum
Ashish Kumar

PART I
Prescribed Books:
1. Raj Bhala, International Trade Law: An Interdisciplinary Non-Western Textbook (Vols 1 & 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.T.O. and GATT: Economics, Law, and Politics, Kluwer
Law International (2006)
5. Dr. S.R. Myneni, International Trade Law (International Business Law) (3rd edn.) Allahabad
Law Agency (2014)

Topic 1: Origin and Evolution of GATT & WTO.


1.1
1.2
1.3
1.4
1.5
1.6
1.7

Global Economics and International Trade Law


Protectionism vs Free Trade
Birth of GATT, 1947
GATT Rounds of Negotiation Including Doha Round and After
The WTO: Its Genesis (Uruguay Round 1986 to 1994)
The WTO Charter and GATT 1994, WTO Agreements, Understandings, Annexes
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.
Cases:1.
Application of Article 1:1 to Rebates on Internal Taxes [India Tax Rebates on
Exports] (1948); II GATT B.I.S.D. 12

2.

Japan-Taxes on Alcoholic Beverages case, Complaints by the European Communities,


Canada, and the United States against Japan, (WT/DS8, DS10, DS11), Appellate Body
and Panel Reports adopted on 1 November, 1996.

3.
4.

5.

6.
7.

US Taxes on Automobiles case, Complaints by the European Community against


US, WT/DS 31/R, 11 Oct., 1994
European Communities Regime for the Importation, Sale and Distribution of
Bananas case, Complaint by Ecuador, Guatemala, Honduras, Mexico, United
States against European Community, WT/DS 27, 5 Feb., 1996
Korea-Measures Affecting Imports of Fresh, Chilled and Frozen Beef case (KoreaBeef case), Complaint by US & Australia against South Korea, WT/DS 161, 11
Dec., 2000
India Measures Affecting the Automotive Sector case, Complaint by US & EU
against India, WT/DS146/R, 5 April, 2002
European Communities Measures Prohibiting the Importation and Marketing of
Seal Products, WT/DS400/AB/R and WT/DS401/AB/R (adopted 18 June 2014)

Topic 3: Dispute Settlement Procedures under GATT and WTO


3.1
3.2
3.2.1

Dispute settlement under GATT: Article XXII,Article XXIII, its merit & de-merit
Difference between the GATT and WTO dispute settlement procedures
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
4.2
4.3

Identification of Subsidies that are subject to the SCM Agreement.


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

4.4

Cases:1. U.S. Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat


Products From India, WT/DS 436/AB/R (19 December 2014)
2. Canada- Certain Measures Relating to the Renewable Energy Sector,
WT/DS412/AB/R (24 May 2013)
3. European Communities Measures Affecting Trade in Large Civil Aircraft,
WT/DS316/AB/R (adopted 18 May 2011)
Topic 5: Agreement on Dumping and Anti-Dumping Duties
5.1
5.2

Anti-dumping: A Basic Overview


Anti-dumping Investigations
2

5.3

5.4

i)
Initiation
ii)
Evidence used in the Investigation
iii)
Key substantive issues: Dumping, injury and causation
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
Challenging AD measures in WTO Dispute Settlement
v)
Standard of Review
vi)
The measures to be challenged
vii)
Good faith, Even-handedness, Impartiality

Cases
1. United States-Anti-Dumping and Countervailing Measures on Steel Plate from India
case, Complaint by India against US, WT/DS 206, 19 Feb., 2003
2. United States-Continued Dumping and Subsidy Offset Act of 2000 case, Complaint by
Australia, Brazil, Chile, European Communities, India, Indonesia, Japan, Korea,
Thailand against US, WT/DS 217, 21 Dec., 2000 (Authorization to retaliate granted
on 26 November 2004)
3. United States- Countervailing and Anti-dumping Measures on Certain Products from
China case, Complaint by China against US, WT/DS 449, 7 July, 2014.
4. China-Anti-Dumping and Countervailing Duties on Certain Automobiles from the
United States case, Complaint by US against China, WT/DS 440, 18 June, 2014
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
Cases:1. US- Measures Affecting The Cross-Border Supply of Gambling and Betting
Services, WT/DS285/AB/R (adopted on 20 April 2005)
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
7.3. Notification & Transitional Agreements, Transparency
7.4. Provision for Developing Country Members
Case:

1. India-Certain Measures Relating to Solar Cells and Solar Modules case,


Complaint by US against India, WT/DS 456, 6 Feb. 2013 (Panel Report has been
appealed by India on 20 April, 2016)

PART- II
th

1. Indira Carr, International Trade Law, (5 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 7: Export Trade transactions and International Commercial Contracts
7.1
7.2
7.3
7.4

Types of International Contracts


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

Topic 8: Payments in International Trade


8.1
8.2
8.3
8.4

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

Topic 9: Carriage of Goods in Export Trade


9.1
9.2
9.3

Carriage of Goods by Sea


Bills of lading and Charter Parties
Rights and Liabilities of the Parties to Contract of Carriage