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

                                                      INTERNATIONAL TRADE  RELATIONS.

                                                                      QUESTIONS FOR DISCUSSION.

WORLD TRADE ORGANIZATION (WTO)                                

• 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 is the link between terrorism and trade rules? Trade and security? Which promotes stability and which promotes instability?
• 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 was the relevance of "fast track authority" and "delegation of trade authority" to the President in concluding the Uruguay Round Agreements?
• How were these agreements implemented within the United States as domestic law? What problems do federalism pose for the United States in implementing the WTO rules? What is the "dual legal nature" of these agreement?
• What is the notion of a rules-based system where rules are negotiated and then adjudicated by the WTO?
• What are the differences between the old GATT system and the new WTO system?
• What was the Havana Charter & the proposed International Trade organization (ITO)? Which substantive areas did it include? What is the relation of the ITO to the IMF and World Bank as post-war economic institutions?
• What defects were cured with the establishment of the WTO?
• What new trade issues were brought into the WTO system? What newer issues were raised subsequently and what are even newer issues that have emerged?
• What is the most-favored nation principle and the national treatment principle? How are they related to the principle of non-discrimination?
• What is the difference between the  services agreement and the  goods agreement in term of the most favored nation principle and national treatment?
• What is the "principle of consensus" and decision-making in the WTO?
• What agreements were negotiated subsequent to Uruguay during the Singapore Ministerial? What are the "Singapore issues?
• What is the role of NGO's and public discontent in ongoing trade negotiations?
• What are the major provisions concerning export subsidies, antidumping, countervailing duties and safeguards under the WTO and U.S. legislation?
• How do nations globally use A/D and safeguard actions?

              [ DOHA]                                                   

·       How would you describe the agricultural issue within the Doha round? What is the significance of the termination of fast track authority in July 2007?

·       What are the provisions of the Doha Ministerial Declaration of 2001? Why the focus on development and agriculture?

·       What are the main issues confronting the Doha Trade Round? What happened at Cancun (2003)?  What about the Singapore issues and the July 2004 Package? What happened at the Hong Kong Ministerial (December 2005)? Any chance of revival after the suspension of July 2006? What about after summer 2007?

·       What are the issues concerning pharmaceutical patents? What has been the resolution of this issue as to compulsory licensing for domestic and export use by developing countries?

·       What are the issues concerning intellectual property rights (IPRs)? Services? Manufacturing tariffs? Environment?

·       How are the states lining up over these issues?  

• What ever happened to the "Singapore issues" at Doha? (What are the three new trade agreements negotiated at Singapore?)

• Any chance of Doha being revived after the lapsing of "fast track authority" of President Bush?

• Why does the expiration of fast track authority in June 2007 mean the effective deadline for the conclusion  of the round?

            [Dispute Resolution System]

•      What is the historical significance of the DSU?

·       What are the implications of the DSU for American sovereignty? Is this a major subjecting of U.S. trade and economic legislation to international institutional review?

·       What are the major procedural stages in litigation within the DSU? What about post-litigation stage?

·       What is the role of consultations?

·       Do decisions of the DSB invalidate U.S law?

·       What is the obligation of a member state when confronted with an adverse decision?

·       What does the DSU do to ensure implementation? Sanctions? What is surveillance and compliance review? What if implemented actions are considered not sufficient? Are sanctions only prospective? Any alternatives -- fines or compensation?

·       How does it monitor the implementation of the decisions?

·       How are sanctions authorized? Is retaliation the best and only form of sanctions?

·       What is the role of an arbitrator? What about public hearings or amicus briefs by NGO's? Any recent developments? What have been some suggestions during the Doha negotiations?

·       What has been the experience of the U.S. before the DSU over the last ten years?

·       What has been the use of the DSU by other countries? Which countries have been most active?

·       What are the important links on the WTO and USTR websites concerning dispute resolution?

·  What are the major cases decided by the DSU and what decisions were rendered?

o      Venezuela Oil? Beef Hormone? Bananas? Sea-Turtle?

·    What are the recent cases decided or pending? What decisions were rendered or what issues are involved? What is the status of implementation?

o      Foreign Sales Corporation? “Byrd Amendment”? “Bush’s Steel tariffs”? EU Banana? Brazil -- Sugar & Cotton cases? Airbus-Boeing?

o      Genetically–Modified food imports? E-Betting? China Chip Case? Potential litigation with China over piracy (IPR)?

• What is the significance of growing awareness of global corporate groups in the importance of the DSU in terms of their global trade advocacy? What proposals have been made during the Doha negotiations for reform of the DSU? What are some other proposals?

• What is the significance of the U.S. filing of a broad based action against China in the WTO (2007) in terms of U.S.-China trade relations? What does this say about the impact of the 2006 mid-term elections? What has been China's response?

• What is the role of diplomatic negotiations in settling disputes -- prior to formal action ("Dialogue or Dispute Resolution") and during the formal process? 

• Is the litigation approach becoming too predominant? How is the DSU different from traditional arbitration?

• Is the litigation approach supplanting the rule negotiation side of the WTO -- especially when their is a failure at negotiations?

• What have been the major areas litigated in the DSU?

          [E-COMMERCE]

• What is the status of E-commerce within WTO negotiations?
• What is the significance of 2006 U.S. legislation restricting online gambling? What about the E-Gambling decision of the WTO (2005)?

·   What is the difference between treating it as a "service" or as a "good"?

·   What are the issues of taxation concerning E-commerce? Access charges and sales taxes? When  does the U.S. require collection of sales taxes for online transactions?

·  What are the issues of multiple jurisdiction concerning taxation and jurisdiction generally? What is the issue concerning registration of domain names and the role of ICANN?

·  What is the EU approach to both taxation and jurisdiction generally? What is the U.S. approach?  

                              [Offshore Outsourcing]

• How does the GATS relate to the process of  offshore outsourcing?

• What is the range of information technology services that are being outsourced?

• What is the range of proposed legal responses in the United States (federal and state) to outsourcing?

• What is the importance of outsourcing to the United States, India / China, and the businesses involved? 

• When is outsourcing most profitable?

OTHER INTERNATIONAL & DOMESTIC INSTITUTIONS.  

•  What are the basic functions of the following institutions concerning international and global trade? 

o     U.S. Court of International Trade.

o      World Intellectual Property Organization (WIPO) & UNCTAD.

o      International Telecommunications Union (ITU).

o      EU.

o      International Chamber of Commerce.  

U.S. LAW & GLOBAL TRADE RELATIONS.

                              [CONSTITUTIONAL]                                                 

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

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

o      What are the “foreign affairs powers” and the “foreign trade powers” in the Constitution in the context of the authority of the President to act in trade and foreign policy? What are the inherent powers concept concerning the President and the enumerated powres of the Congress? Does the President's "inherent powers" include trade powers?

o      What is the doctrine of separation of  powers? What is the principle of delegation of authority? How does 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?

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

o      What are the issues concerning separation of powers and federalism within the Curtis - Wright Case (S. Ct. 1936)? Youngstown (1952)? Consumers Union v. Kissinger (1974)? Burma Trade Case (2000).

o       How are trade agreements negotiated? How are executive agreements different from formal treaties? What are the WTO Uruguay  agreements? What is the recent Libyan Claims Settlement Agreement (2008)?

o      What is the interplay between implementing congressional legislation and executive agreements in the trade area?

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

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

  [EXTRATERRITORIALITY, EXPORT CONTROLS & OTHER TRADE LAWS.]

               o What is  extraterritoriality what is the "presumption of  territoriality"?

                           o   What is the notion of “reexport controls?

o      What are some historical and current examples?

o      What is the issue concerning the new Sarbanes-Oxley legislation that is creating a trade dispute with the EU?

o      What is the impact of  post  9/11 legislation and its focus on national security on our trade relations?  

                         [Global Antitrust & Global Mergers & Foreign Investment]  

o      What are the facts of the  Alcoa Case (1945) and the legal principles it relied upon and established?

o      What recent actions has the Justice Dept. taken concerning  global price-fixing? What has the Congress done concerning foreign takeovers of U.S. firms or assets? What has been the impact of "Dubai Ports" on U.S. legislation (CFIUS)?

o      What is the status of international antitrust enforcement today?  How is antitrust becoming a transatlantic and global trade issue? How are these issues generally treated? How were these type of issues treated by the ITO ? Havana Charter in 1947?

o      What has been the position of the EU toward global mergers and predatory practices?

•    In the then proposed GE-Honeywell merger?

•    In the current Microsoft proceedings (Windows Media)?

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

• 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 are 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?

  U.S. TRADE LAW -- Import Relief, Market Access, Boycotts, Corruption & Trade Sanctions.  

o    What is the distinction between “fair” and “unfair” trade legislation?

o      How would you divide or classify import remedies into these categories?

o      What are the major import relief actions?

o      What is the principal action ("trigger mechanism") that is aimed at by the following legislation?

•   Antidumping?

•   Countervailing duties (subsidies)?

•   Section 337?

•   Retaliation (Section 301)?  

•    Super 301? Special 301? "Telecom 1337"?

•     Escape Clause (Section 201)?

o      What are some of the major pieces of  legislation concerning trade sanctions?  Most recent  one(s)? What is the difference between general sanctions legislation and country-specific legislation?

o      Why do many U.S. corporations object to them? Are they ever effective? How do they impact U.S.  competitiveness?

o      What has been the recent change in the application of subsidies legislation to non-market economies? What was the recent Court of International Trade decision on this issue?

o      What is the impact of the subsidiary v. branch distinction in applying U.S. trade sanction legislation? In applying U.S. boycott and bribery legislation?

   [ Bush’s Trade Policy. ]  

o      Why was fast track authority not reauthorized for the Bush administration? What are the problems concerning  the  new bilateral trade agreements negotiated by the administration?

o      What were the major trade issues currently confronting the Bush administration?  

o    What were the main contours of President Bush’s trade policy? What about President Clinton's trade legacies?

• Bush's steel tariffs & their removal?  Farm Bill (2008)?

• WTO filings concerning China on a range of trade issues (2007-2008)?

• What are the consequences of the Democratic victory in the fall 2008 in terms of trade issues?

• What are the trade and financial challenges facing President Obama and what are his views?

o      Is there an increase of  U.S. unilateralism in U.S. trade relations?

o      What about the growing use of  bilateral agreements and reliance upon regional arrangements? What are the most recent examples?       Is this a threat to the multilateral order that the United States help foster in the post-war era?    

GLOBAL TRADE RULES, GLOBAL FINANCIAL CRISIS & THE FUTURE.  

• What are the implications of the global financial and economic crisis on trade relations? On the Doha Round? On global governance and the emergence of a new global architecture for global and transnational economic relations?

• What are Obama administration's proposals concerning enhancing multilateral financial and trade institutions?

• What policies should the U.S. and the WTO pursue to ensure a rule-based system and greater global governance?

• What are the promises and problems of India's and China's emergence as drivers in the global economy? What about the newer sovereign wealth funds from emerging markets?

• What specific trade & investment policies should the new Obama Administration consider to further liberalize global trade relations?

• Are the Democrats and Republicans backing away from "free trade"? 

• How is Unilateralism and multilateralism both a trade issue and a general foreign policy issues?

• How are today's global challenges confronting the new Obama administration similar but different from those of the 1990s?

• What are the needed changes to ensure that  globalization does not give way to  global terrorism?