..... Dr. Malawer ....... International Trade Relations  ...... 2012  .... International Trade Relations .... 2012..... Dr. Malawer ....... International Trade Relations .... 2012  

 

                

                                                                        INTERNATIONAL TRADE RELATIONS

 

                                                                         – Dr. Stuart Malawer -

 

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                     ASSIGNMENTS

                                                     

                                                                      [The items marked with * are required reading.]

 

                                                                 [Actual Dates of Assignments for Spring 2012 click here.]

 

 

CLASS I:              Introduction & World Trade Organization – Pt. 1 (Global Trade & WTO). 

 

                                                                         

                                                                     2012 Update on Global Trade: Global Governance and Exports.

           

                                                                                                    --- Global Governance & Global Trade.

                                               --- Globalization & Exports

 

 

                                                                                         Introduction to Global Trade & the WTO.

 

 

o    ** Sourcebook (Malawer): ”Overview  of  WTO System & WTO Litigation.” Malawer 2-107.

 

 

 

 

  •     **  Malawer, “Trade Agreements & Uruguay Round,”  "U.S. Law & Global Trade." (2012) (PowerPoint)  (Basic WTO Agreements and principles) -- #50, # 52, # 60 - # 64).

 

                                                                        

 

 

                               Discussion Questions.

 

  • Why are global trade issues and globalization (WTO and the DSU in particular) becoming critical and central to both foreign policy and domestic politics? What is the threat of terrorism to global trade?  
  • What are some questions concerning China's role in the WTO and global trading system?
  • What are the main characteristics of the WTO system as it was established in 1995 at the conclusion of the Uruguay Round?
  • What is the place of the WTO system within the larger international legal system? What is the role of the WTO in global governance? What is the role of the dispute resolution system within the context of governance?
  • What is the notion of a rules-based system where rules are negotiated and then adjudicated by the WTO?
  • What is the most-favored nation principle (GATT Article 1) and the national treatment principle (GATT Article 3)? How are they related to the principle of non-discrimination?

 

 

 

 

 CLASS II:          World Trade Organization – Pt. 2 (Trade System & Doha Trade Negotiations).

 

 

 

 

  •      ** Sourcebook (Malawer): ”Selected WTO Agreements.” Malawer 282-443.

 

  •      **  Malawer, “Trade Agreements & Uruguay Round,”  "U.S. Law & Global Trade." (2012) (PowerPoint) .  #64 - #65 (Basic WTO,  Basic Principles -- Most Favored Nation, National Treatment --  & Doha Round); #24 - # 26 (A/D, CVD & Safeguards).

 

 

 

 

  •        Video: “Ministerial Conference – Singapore: Global Challenges.” (For outline click here).

 

 

 

 

 

 

                 Update -- International Economic Law and Policy Blog: Will the WTO Become Obsolete?     

 

 

                                                         Discussion Questions.

  • What is the "Geneva Consensus"? How is it different from the Washington Consensus"?
  • What are the GATT provisions governing dumping, subsidies and safeguards?
  • What are the articles of GATT governing export restrictions, exchange arrangements, general exceptions and national security)?
  • What was the unkept  promise of  Uruguay?
  • How would you describe the agricultural issue within the Doha round?  
    • What is the concept of the "multifunctionality of agriculture"?
    • What are the "three pillars" of agriculture negotiations?
  • What did Doha do concerning pharmaceutical patents and public health?
  • What issues are the developed countries interested in at Doha?
  • What about the Singapore issues and the July 2004 Package?  
  • What are the main issues confronting the Doha Trade Round currently?
  • What needs to be done to conclude the Doha Round?

 

         

 

CLASS III.        World Trade Organization – Pt. 3 (Dispute Resolution System).

 

                                                                              [Teams & Topics to be Assigned.] 

 

  •      ** Sourcebook (Malawer): ”Selected Articles” (Five Lessons & 10-Year Review) Malawer 213-247; “DSU Agreement” Malawer 308-327 (Articles 3, 19, 21, 22) .   

 

 

 

 

  •           **Malawer, "World Trade Organization & Dispute Resolution." esp. # 6 - 13, # 37-49 (2012). (PowerPoint).

 

 

  •          Updates:

 

 

  •        A WTO panel ruled against the EC in favor of the U.S. , Japan and China Taipei concerning the import classification of computer products into the EC. deciding that they were high technology and not ordinary consumer products (cable boxes,  flat screen monitors and  3-in-one printers) and thus subject to the International Technology Agreement 0% import classification. Information Technology Case (U.S. - EC)  (Panel 8.10.10) (conclusions). "WTO Orders EU to Lift Tech Tariffs." Wall Street Journal (8.17.10). "U.S. Wins WTO High-Tech Case."  USTR Press Release (August 16, 2010).

 

 

  •       The WTO is "the greatest advance in multilateralism .... It provides enhanced rule-based global economic trading system .... Its dispute resolution mechanism has proved robust and effective ...  (It has) many characteristics of a global legal system ..... [I]n the highly sensitive area of trade a quasi-judicial system of adjudication ... is [the] objective." "Sutherland, "The World Will Regret its Neglect of Doha." Financial Times (Jan. 28, 2011).

 

 

                           Discussion Questions

  • What is the significance of the U.S. - Venezuela Reformulated Gasoline Case?
  • What is the difference between the GATT and WTO dispute resolution systems?
  • What is the impact of decisions of the panel or Appellate Body (DSU Article 19)?
  • What is the nature of sanctions under the DSU (DSU Articles 21 - 22)?
  • What is the role of various states in the DSU over the last 15 or so years?
  • What were the expectations of the WTO members concerning the DSU in 1995?  Have they been met? What are they today?
  • What are the major procedural stages in litigation within the DSU? What about post-litigation stage?
  • How are sanctions authorized? Is retaliation the best and only form of sanctions?
  • What role does the WTO have concerning export restrictions?
  • What is the impact of litigated decisions in the WTO system?
  • What does a review of the statistics of the AB annual report for 2010 released in 2011 say about trends in WTO litigation?

Gavel

 

 

 

 

 

 

 

 

 

CLASS IV.        WTO – Pt 4. (DSU Continued) -- Focus on U.S. - China Trade Litigation in the WTO.

 

                                                               

  •     ** Sourcebook: ”Summary of WTO Litigated Decisions.” Malawer 443-675;  "Edited WTO Cases." Malawer 788 - 890; "News of WTO Cases." 2001-2006. Malawer 892- 1039. 

  •          **Malawer, "World Trade Organization & Dispute Resolution." # 53 - #60, #64- #66. (2012). (PowerPoint).

 

 

 

 

  •        Litigation in the WTO as supplanting negotiations (when they fail) is criticized by some as "jurisprudential overreach" -- as well as "investor-state litigation" under other treaties concerning direct investments. "How Lawsuits are Coming to Dictate the Terms of Trade." Financial Times (3.20.2007).

 

         --  Research Note –                   

           

                                       * Note on Litigation & China - U.S. Litigation.

 

 

 

 

  •          Recent Update --  The Appellate Body (AB) reversed much of the panel report which ruled in favor of the U.S. The U.S. had argued that its CVD against China were justified because of Chinese subsidies on export of steel and other products. This decision addressed both "public bodies" and "double remedies."  (Steel & Certain Products from China) WTO News (March 11, 2011). (Summary of Case).

  •         The following is an interesting Wall Street Journal editorial agreeing with the WTO (AB)  decision against the U.S. restricting the use of countervailing duties on non-market economies, restricting the definition of "public bodies," and thus restricting further the finding of government  subsidies. It also notes generally that China's is integrating itself more into the global trading system by observing global trade rules. "A Welcomed Trade Win for China." Wall Street Journal (March 22, 2011).

  

 

  •         American labor unions filed a § 301 case with the USTR alleging China's subsidization of its clean energy industry. "A Union Challenges China." New York Times (9.10.10). This article provides  an extensive review of China's practices (subsidies -- loans and land) concerning its clean energy industry (solar panels and wind turbines) and WTO trade rules (subsidies). "China Energy & Trade Rules." New York Times (Sept. 9, 2010).   

 

  • A WTO panel ruled that the United States violated its WTO obligations toward China in the poultry case filed by China contesting USDA restrictions on processing imports from China. However, in an unusual decision the panel did not make any recommendations since the relevant statutory provision expired. "U.S.-China Poultry Dispute." WTO News (September 29, 2010). 

 

       

 

   

 

 

         

 

             Recently Decided China Trade Litigation in 2011 - 2012.

 

 

 

                   Discussion Questions.

 

  • Is the litigation approach becoming too predominant? How is the DSU different from traditional arbitration?  
  • What has been the history of U.S. trade litigation in the WTO?
  • What has been the experience of Chinese trade litigation in the WTO and especially with the U.S.?
  • What are some suggestions to revise the dispute resolution system?
  • What do the Brazil Sugar Case and the Brazil Cotton Case indicate about the issue of agriculture and the role of Brazil in the WTO?  
  • What is the status of the Airbus - Boeing cases in the WTO / DSU?
  • What is the significance of the U.S. filing of  broad based actions against China in the WTO (2007-2012) in terms of U.S.-China trade relations? 
    • What will be the impact on U.S.-China trade relations generally? 
    • What has been China's response?  
  • What has been the history of U.S. - China trade litigation and the most recent decisions?
  • What have been some other major cases ....  China Export Restrictions? Chinese restrictions on electronic payments?
  • What new actions have been filed or threatened?

 

 

                                                                                  

 

 

 

CLASS V:      WTO – Pt. 5 (Selected Issues)

 

                                                                         Foreign Perspectives: China, EC, India and Japan..

 

  • Sourcebook (Malawer): Malawer 1040-1203.

                                                                          Dumping; Subsidies; Safeguards; Retaliation.

                                                                                       

 

o    ** Sourcebook (Malawer): ”Selected Articles -- Malawer 239-246, 251 -260; “GAO Reports (China, Doha Round).” Malawer 675-683, 739-754. 

o      * "Antidumping, Subsidies and Safeguards." WTO website.

 

        Agreements (Summaries & Edited Text).

 

                           

                            

o  Note: EU trade issues.

 

 

o  Note: U.S. Trade Agencies.

 

 

o    Note: International institutions.

 

 

Updates: 

 

 

                   Discussion Questions.

 

  • What is the role of the U.S. International Trade Commission and the International Trade Administration (ITA) in determining trade remedy cases in the U.S.? 

  • What are the main provisions of the Antidumping Agreement? How is dumping determined?

  • What are the main provisions of the Subsidies Agreement? 

    • What are the various subsidies?

    • How are subsidies determined?

    • What is the "Illustrative List of Export Subsidies"?

    • Which are the most used?

  • What are the main provisions of the Safeguard Agreement? When  safeguard relief allowed? 

  • What has been the recent use of the above national trade remedy actions globally?

    • Who initiated the most new a/d cases? countervailing duty cases, safeguard investigations? Who are the main targets? What has been the U.S. use?

    • Have safeguard action decreased? Why? What about A / D and CVD actions?

  • What is the legality of the proposed U.S. legislation considering currency devaluation in determining an export subsidy (a "prohibited subsidy")?

 

                      

 

                                                                                                                       

 

CLASSES  VI – VII:     [ Team Presentations– WTO / DSU Cases: Recent Cases. ]

 

 

CLASS VIII:                                                    … [Mid-term Exam.] …

 

 

CLASS IX:        U.S. Law -- Constitutional Law -- Role of  Congress & President in Global Trade.

 

·         * Malawer,  "U.S. Law & Global Trade." (2011) (PowerPoint) (Slides # 47 - # 50, # 53 - 54 --- Congressional authority, Separation of Powers, Federalism and  Int'l Agreements).

·         U.S. Constitution. * (Constitution Edited.)

 

·         *United States v. Curtis-Wright Export Corp. (S. Ct. 1936). ("Separation of Powers ... "Delegation of Authority ... Foreign / Domestic Powers.... Role of Executive ...'One Voice' "). 

·          *Youngstown Case (S. Ct. 1952). (Delegation of authority – three-part approach.)

·        Consumers Union v. Kissinger (DC. Cir. 1974). ("Separation of Powers .... Congressional    Authority .... Delegation of Legislative Power.... Executive Action ....Voluntary Restraint Arrangements").

·         *Burma Trade Sanctions Case (S. Ct. 2000).  ("Federalism ... Implied Preemption").    

·          *Malawer, "State Trade Sanctions." (PowerPoint 2007).

 

                                            Role of States in Global Trade. 

 

·      States have a significant role in global trade especially for local economic development .... State International Development Organizations ; Virginia & Global Economy / Investment. (2010). 

·    *  Virginia & Governor's China Trade Mission (MSNBC Video -- May 19, 2011)

·      Virginia Governor & Economic Development (Bloomberg -- May 2011).

·      Virginia -- Best State for Business 2011 (CNBC 2011); Virginia -- Top State (Comments) (2011).

·      Organization for International Investment (FDI and state economic  development).

·      China Trade with the South -- Video (Southern Governors Assn.  2010).

·      Malawer, "Foreign Investment & State Economic Development." Richmond-Times Dispatch (Op / Ed June 19, 2011). 

·     Malawer, "Chinese Corporate Investment & State Economic Development in the U.S." New York Law Journal (Sept. 2011).  (full pdf)

 

 

 

·      Impact of global problems such as questionable global banking practices have a direct impact on local and state entities (for example state pension funds). Local actions  are needed to remedy global practices. Malawer, "Foreign Exchange Transactions and Virginia." (VRS)." (RTD, Feb. 2011). (pdf version).

 

·       Virginia Benefits in Global Trade (USTR website)

·      Internationally-owned Companies in Virginia (2011).

·      Role of Cities in Exports (Brookings 2010).

 

 

Discussion Questions.

  •  What is the principle of federalism and how does it relate to trade policy and the role of states in global trade?  

  •  What is the "principle of  preemption"? What is significance of the "Supremacy Clause" (Article VI) concerning federal law and state law?

  •  What is the doctrine of separation of  powers? What is the principle of delegation of authority? How do they relate to the powers of the Congress and the President in the formulation and conduct of trade relations? What is Article 1, Section 8, Clause 3 as to the power of Congress?

  • How are formal treaties and executive agreements different? How are they federal law (Constitution & precedent)?

  •  What is “fast track authority” or “Trade Promotion Authority”?

  •   What is the dual nature of trade agreements  as to international obligations and domestic law?  

  • What is the role of states in global trade?

  • What do states need to do to promote trade and direct investment for economic development in the states?

  • What does the federal government have to do, and what has is done recently, to help states promote trade and investment into the U.S.?

 

                           

 

 

  CLASSES X:  U.S. Law – Extraterritoriality: Global Antitrust -- Global Cartels & Predatory Pricing. 

 

                                                                           

 

·   Overview of Extraterritoriality. 

 

                                   United States and Antitrust.

  •   **United States v. Aluminum Co. of America 148 F.2d 416 (2d Cir. 1945) (“The "Alcoa Case"). 

  •   **Malawer, “Global Antitrust.” # 1-17, 20-26, 37 (2010). (PowerPoint).

    • #9 - #21 (Extraterritoriality, corporate structure & multinational groups, int'l antitrust)

    • #1 - #8; #22 - # 37 (Antitrust).

 

                                  

                                

·         Link to U.S. Dept. of Justice Antitrust Division (Click here).

·         " International Advisory Committee."

·         International Antitrust Documents (International Division).

 

 

               U.S. Securities Law

 

"Extraterritorial Reach of U.S. Securities Law."  (Harvard Blog, 2011).

 

                Foreign Competition Rules. 

                       

 

 

                                                                                             Recent  Developments.

 

  •      The U.S. argues that the proposed European emission tax on airlines flying into the EU is an illegal extraterritorial measure and has filed suit in the European Court of Justice. "EU Carbon Emissions and U.S. Airlines." Financial Times (July 5th, 2011). 

  •     The reach of Sarbanes-Oxley (2002) concerning corporate governance and financial oversight is extraterritorial as to foreign auditors auditing foreign companies listed in the U.S., including "reverse mergers," especially of Chinese companies lately. "Reverse Mergers and U.S. Regulators." Financial Times (July 5, 2011).

  •   The Dodd-Frank legislation (2010) has a number of extraterritorial provisions, for example, concerning  payments to foreign governments, war minerals and new restrictions on proprietary trading and the derivatives business that apply in foreign countries if there’s a “direct and significant connection with activities.” "Dodd-Frank Legislation -- Exotic Provisions." New York Times (July 13, 2011). 

  •     The Commodity Exchange Act and the Commodity Futures Trading Commission (CFTC) are applying  rules extraterritorially to investigation actions of foreign banks and commodity traders a concerning Libor (the London based index). "Criminal Route Eyed in Libor Inquiry." Financial Times (Sept. 8, 2011).

  •   *The U.S. Dept. of Justice uses as leverage in order to secure guilty plea in an international antitrust case a threat of a 10-year travel ban for executives. A plea agreement will waive this ban. "U.S. Accused of Unfair Antitrust Tactic." Financial Times (Sept. 21, 2011).

 

 

 

 

                     Discussion Questions.

·       What is the issue of "multijurisdictional world" and "global transactions"? What U.S. legislation is applied extraterritorilly?

·       What is extraterritoriality what is the "presumption of  territoriality"?  What is the "effects principle"?

·       What is the difference between operating through a "branch" as opposed to a "subsidiary"?

·      What are the facts of the Alcoa Case (1945) and the legal principles it relied upon and established? What is the status of international antitrust enforcement today?   How is antitrust becoming a transatlantic and global trade issue? What is the most recent example? How are these issues generally treated?

·     What has the OECD and the EU done in the area of restrictive practices and competition rules?

·     How were these type of issues treated by the ITO ? Havana Charter in 1947?

·      How is competition treated under the WTO agreements?  

·       What is the current status of competition rules within the WTO and the Doha Round?  

·      What are other examples of extraterritorial application of U.S. economic legislation?

 

 

 

                                    

     

     CLASSES XI:  U.S. Trade Law &  Extraterritoriality:  Basket of 6 Trade Areas -- International Investment into the U.S. ( Global Mergers & National Security), Export / Reexport Controls, Trade Sanctions, Corrupt Practices , Foreign Boycotts & Taxation.

                                                                    

 

·      **Malawer, "Extraterritoriality:  Export Controls, Trade Sanctions, Branch Subsidiary, Boycotts, Corruption) " U.S. Law & Global Trade (PPt) Slides  # 12 - # 14,  # 17- # 20,  # 40  - # 44). (Click here). 

 

  • Foreign Corporate Corruption (FCPA) and Foreign Government Corruption.

 

  • New U.K. Bribery Law (2010 / 2011).

        

  • Antiboycott Legislation & Foreign Corrupt Practices Act ........ websites   

 

   ·        Exports & Reexport Controls -- websites.

 

  • The Justice Dept. and the Commerce Dept. announced a criminal plea by a Chinese subsidiary for violating U.S. reexport controls of nuclear-related material originating in the U.S. and transshipped to a third country. The subsidiary and its American parent also agreed to a civil settlement.  This is one of the largest criminal fines ever (about$3.75m) for an export violation and emphasizes the importance of parent corporations monitoring its subsidiary. "Foreign Subsidiary of PPG Industries Pleads Guilty." U.S. Dept. of Justice News Release (December 21, 2010).

                o       Trade Sanctions & Terrorism -- websites.

 

 

                     Foreign Investment, Mergers  & National Security.

 

·    *** Malawer, “Global Mergers & National Security.” Virginia Lawyer (December 2006) (pdf)

·     **   Malawer, "Global Mergers & National Security." #2,  #40 - # 50 (2010) (PowerPoint);  Global Mergers Update (2010) (pdf of slides).

 

                o  CFIUS Annual Report to Congress 2010 (2011).

           

 

q  Note on Foreign Direct Investment -- the U.S., U.N. & Other Countries.

 

  • U.N. Principles for Responsible Investment  (PRI) (ESG - environmental, social and corporate governance issues). Joint project by UNEP Finance Initiative with the U.N. Global Compact. For private sector entities to adhere to in investment decisions.

   

 

                                                                        

       

Global Tax Issues -- U.S. World wide Taxation System, Tax Deferral, Tax Havens & Transfer-Pricing.

 

  • *OECD programs (tax havens, model tax convention, taxation of bribery, exchange information and transfer-pricing guidelines).  The OECD views taxation as integral to trade and investment and impacts economic development and transactional flows.  The OECD produces model treaties and standards to be voluntarily adhere to by states that normally require adoption by states as international obligations and as national legislation. This involves both creating international obligations and "harmonizing" national legislation.

  • The area of international accounting known as "transfer-pricing" is again being looked at closely with multination corporations since it is used to avoid taxation. "Tax Enforcers Intensify Focus on Multinationals." New York Times (Jan. 5, 2010).

  • Two think tanks friendly with Obama are calling for reforming the U.S.  worldwide tax system applied to U.S. firms and multinationals by doing away with taxation on foreign income. "Think-Tanks Call for Reform of U.S. Corporate Tax System." Financial Times (11.30.10).

  • *Issues concerning taxation of global multinational corporations are increasing as these corporations increase their global operations. "Global Strategies & IBM." New York Times (4.20.10) and "GE Strategies Let it Avoid Taxes Altogether" New York Times (March 25, 2011). GE's multinational tax bill (zero)  has raised a furor over U.S. multinational taxation (repatriation and investment overseas) and issues of the worldwide tax system used by the U.S.. "How a Multinational Company like GE handles Taxes." Washington Post (4.10.11). See generally, "U.S. Multinationals, Jobs Abroad & Economic Globalization (and video)." Wall Street Journal (4.19.11).

  • *The Foreign Account Tax Compliance Act (FATCA), to be implemented in January 2013, applies U.S. tax rules extraterritorially to global financial companies.  It requires the reporting of U.S. customers' account in excess of $50,000 and failure to do so may impose a 30% withholding tax on sale of  U.S. assets (including U.S. Treasury bonds). "U.S. Demands Tax Tolerance of Foreign Financial Groups." Financial Times (June 14, 2011).

  • Apple is the latest high-tech corporation targeted for its aggressive tax strategies that leave state, federal and foreign countries with less tax payments than from traditional corporations such as Wal-Mart. Apple routes its transactions trough no-income tax states such as Nevada as well as low-income countries globally. This is made more possible because of the digital nature of its products and intangible income (such as license fees). The impact is not only on the U.S. and other countries but on cash-strapped states facing budget stress. "How Apple Sidesteps Billions in Taxes." New York Times (April 29, 2012).

 

                   

Gov't & International ..........websites

 

 

                                             Discussion Questions.

                  

·      What are some of the issue concerning multinational corporations and U.S. taxation?

·      How has the Corrupt Practices legislation been "globalized" by the OECD?

·      Why has the Dept. of Justice been so active in prosecuting global price-fixing cases, violations of the Foreign Corrupt Practices Act, and other money laundering cases?

·      Why is corporate and government corruption bad for economic development?

·     Why are trade sanctions, export controls / reexport controls and boycott legislation applied extraterritorially? What is the impact on U.S. competitiveness? 

·     What is the issue of concerning U.S. worldwide taxation principle and trade involving U.S. firms and multinationals? What is the issue of transfer-pricing?

·         Why are "private trade actions" by corporations now viewed as important as "government trade restrictions" that ought to be regulated by global trade rules under the WTO?  

·       Why are cross-border mergers increasing? Why have companies from India, China and the UAE becoming so active?

·       What is the relation of cross-border mergers to foreign direct investment?

·       What has been the reaction of the U.S. and other countries concerning national security and restricting foreign takeovers and foreign investment? What about Chinese companies?

·       What is the impact of growing commodity and natural resource competition worldwide on global mergers and transactions?

                                                                                          

 

CLASS XII:       U.S. Trade Law: ITC & USTR --  Import Relief Actions  / Intellectual  Property Cases & Market Access ( §301) / "Gray Market".

 

 

o    ** Sourcebook (Malawer): Malawer -- 1205 - 1290. Especially --  ”Overview of U.S. Enforcement” (China Trade, 2006 Trade Policy, 2005 Special 301, 2006 President Report, Subsidies Report, NETBarriers.)”

                                                      Malawer: 1079-1097, 1205-1220 (China trade).

 

                                                                                       Import Relief         

                                                

o      ** Malawer, “Import Relief Legislation, Retaliation & Trade Sanctions,” U.S. Law & Global Trade. (PPt 2010) (Slides # 21 - # 37) (Click here).    

 

 

 

                    Section 301 -- "Retaliation".

 

 

                             

                                                      Websites

 

                          

                                                Trade Barriers

 

·         2011 National Trade Estimate (NTE) & Trade Barriers.   (by USTR).

·         "2011 Trade Policy Agenda / 2010 Annual Report." (by USTR).

·          "2011 Section 1377 Telecom Review." (USTR). 

 

                        Update on Foreign Perspectives on Trade Remedies. 

 

                                                                                                    Tariff Schedules

                         Updates (2011/ 2012) -- Protection of Intellectual Property Rights (Notorious Markets & ACTA)

  • The USTR started to publish, in 2010,  "Notorious Markets" separate from the annual Special 301 reports. This report focuses on identifying physical and Internet marketplaces where infringing goods and services are sold. The most recent report was released in December 20, 2011. "Results of Special 301 Review of Notorious Markets." USTR News (December 20, 2011) and "Review of Notorious Markets." USTR Release (December 20, 2011). The plurilateral agreement, the Anti-Counterfeiting Trade Agreement (ACTA) was signed in October 2011.  Its aim is to further enforcement of intellectual property rights. ACTA attempts to deepen international cooperation. This agreement will come into force when additional diplomatic steps are taken. ACTA (USTR website).  

 

       Discussion Questions.

 

  •   What is the distinction between “fair” and “unfair” trade legislation? What are three major import relief actions?  

  • What U.S. agencies are involved in trade remedy enforcement?

  • What is the significance for trade policy is market access enforcement?

  • Is Section 301 consistent with the U.S. WTO obligations? What is the difference between the mandatory and discretionary authorities within Section 301?

  • What is the significance of Section 337 actions and how are the possible violation of the national treatment principle?

  • What is the impact of the Section 301  petition filed by the Steelworkers against China's alternative energy subsidies on U.S. trade relations? 

  • What is the "mandatory and discretionary (unjustifiable and unreasonable)" aspects of Section 301 Retaliation?

  •  How active are foreign countries in their trade remedy enforcement in their agencies?

 

         

CLASS XIII:      Bush Trade Legacy &  Obama's Trade Agenda -- Export Promotion & Trade Enforcement.

 

                                                             

                                       

                                                        U.S. Trade Policy: President Bush’s Trade Legacy & Obama's Agenda.  

 

                                    Bush & Obama Trade & Foreign Policies

                                             China and Russian Trade Relations with the U.S.

 

 

                                      Obama -- Jobs, Export Promotion and Trade / Investment Policy. 

 

  • ** President Obama calls  for reorganization of trade agencies, review of international corporate taxation, and general promotion of trade and commercial diplomacy.  Obama, "Globalization, Exports & Trade." White House Video. (Speech at the U.S. Chamber of Commerce, Feb. 7, 2011). (Outline).

 

  • **President Obama -- Video on Export & Trade Promotion ("National Export Initiative') (March 2010). This frames the globalization and trade debate and export promotion as the principal trade policy initiative by the Obama administration. He proposes "advocacy & enforcement."  He discusses trade policy generally -- trade enforcement, bilateral trade agreements, intellectual property rights, G20, "rebalancing global demand" and exchange rates, reforming export controls on technology for increased competitiveness, and promoting the benefits of trade for the U.S. economy. 

 

 

 

                                                  Trade and U.S. Presidential Election 2012.

                                                             

 

                                    Discussion Questions.  

  •  What about President Clinton's trade legacies?

  • What were the main contours of President Bush’s trade policy?

  •   What about President Obama's trade challenges? Recently completed bilaterals in 2011? The APEC Summit in 2011?

  • What are President Obama's export trade initiatives and trade reorganization proposals?

  • What are President Obama's focus on mutual responsibilities and following the rules of the road?

  • What about renewing fast-track authority?

  •  What were the consequences of the Democratic victory in the fall 2008 and of the midterm elections of 2010 in terms of trade issues?

  •  What about the forthcoming 2012 elections?  

  • What has been President Obama's focus on an enforcement-centered trade policy? What actions has he taken concerning China trade?

  • How successful has Obama been in managing China-U.S. trade relations and Chinese investment into the U.S.?

  • How significant is President Obama's new export policies in actually increasing exports and proposals for increasing direct investment into the U.S.?

                                                                        

         

Class XIV -- Challenge of  Developing Global Rules.

 

                                     

                                                      

                                               

 

 

 

                                                   Global Rules

 

 

 

 

  • The National Intelligence concludes that that future geopolitical "strategic rivalries are most likely to revolve around trade, investments, and technological innovation and acquisition."  That this new transnational agenda will demand far greater multilateral cooperation. Global Trends 2025 -- A Transformed World (National Intelligence Council, November 2008). (Executive Summary). 

 

  •  "[T]hat globalization will work for everyone only if all countries abide by the same set of rules, hammered out and enforced by some form of technocratic global government. The reality is, however, that most countries are unwilling to give up their sovereignty ...." Pearlstein, "Free Trade in the Real World." Washington Post (March 13, 2011).

                                                    

                                                     Discussion Questions.

  •           What are the implications of the global financial and economic crisis on trade relations?

  •         What are these implications on global governance and the emergence of a new global architecture for global and transnational economic relations?

  •         Why do proponents of refining the financial system want to get investment into  the WTO?

  •         How has the WTO rules-based system restricted new protectionist measures during the global financial crisis?

  •         What policies should the U.S. and the WTO pursue to ensure further a rule-based system and greater global governance? In terms of negotiations and litigation?

  •         What are the needed changes to the rules of trade to ensure that  globalization does not give way to  global terrorism or globalization in reverse?

 

                                                

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                                                              Dr. Malawer with Director-General Moore of the WTO, above, and below with his five-volume series 

                                                              Federal Regulation of International Business (U.S. Chamber of Commerce and Wm. S. Hein & Co.)