INTERNATIONAL TRADE RELATIONS
-- [ DSU Cases
/ U.S. Trade Issues ]
Presentations # 1 (DSU Cases).
(Monday)
(Tuesday)
Presentations # 2 (U.S. Trade Issues & Legislation).
(Monday)
(Tuesday)
Indep. Study -- "Pro-Development Bilateral Trade Agreements." (May 2008).
Indep. Study -- "Mongolian & Chinese Special Economic Zones.' (May 2008).
--- Presentations # 1 (WTO Cases) -- Team Assignments ---
The establishment and development of the dispute system has been historical. The Dispute Resolution System has considered and decided a range of cases. They have often raised the issue of implementation and sanctions. The following are edited versions of many of the significant cases the WTO / DSU have decided or are currently pending:
- Gasoline Imports (AB 1996).
- Beef-Hormone (AB 1998).
- Shrimp -Turtle. (1998)
- Havana Rum. (AB) (Jan. 2002).
- Foreign Sales Corporation. (AB) (Jan. 2002).
- "Bush's Steel Tariffs." (AB 2003).
- Byrd Amendment (AB) (Jan. 2003).
- Canadian Lumber (AB) (August 2004).
- Mexico Telecom (Panel 2004).
- Cotton Case (Panel 2004).
- Conclusions. (AB 2005)
- Canadian Wheat Case (AB 2004).
- Byrd Amendment (Implementation) (Arb. August 2004).
- Sugar Case (Brazil v. EU) (Panel 2004)
- Sugar (AB 2005).
- E-Gambling (Panel 2004) and E-Gambling (AB 2005) (Compliance 2007)
- Geographical Indicators (Panel 2005).
- Korean Semiconductor Chips (Drams) (Panel 2005).
- Foreign Sales Corporation (2nd Compliance) (AB 2006).
- Mexico Soft-Drink Tax (AB 2006).
- Canada - Brazil Regional Aircraft (1999).
- Canadian Lumber (Compliance Panel April 2006).
- GMO Case (Panel 2006).
- Airbus / Boeing (pending) (USTR information)
- EU and China (shoes) (pending 2006).
- U.S. and China (auto parts) (pending 2006).
- EU Selected Customs Matters. (2006) (AB decision 2006)
- U.S. - China (Subsidies) (pending 2007).
- U.S. - China (IPR) (pending 2007).
- U.S. China (Market Access) (pending 2007).
{These cases above are edited versions.}
** Please include the following in your presentation:
- The history and context of the case.
- The main WTO issue.
- The contested issue of U.S. or foreign law or practice involved.
- The specific WTO agreement and specific provisions involved. (Name the agreement, identify the provisions and quote or paraphrase it.)
- Remember -- The basic issue is the consistency of the contested national act with WTO obligations. Are they consistent or are they inconsistent?
- The position of the main parties.
- The decisions of the panel and / or the AB.
- What has happened concerning implementation and sanctions if any.
- Your proposal for resolving the trade issues or if it is already decided your observations concerning the dispute in the context of the global trading system.
- Please identify the various national and international interests involved.
[For pending cases you will need to adjust the above. Please discuss the context / background of the dispute, the main issues, the major provisions of the WTO agreement(s) involved, the positions of the parties, where the dispute stands currently, your proposals for resolving it, and the implications for the global trading system.]
The following are useful starting points in your research:
- *[List of all DSU Cases & Summaries.]
- *WTO Dispute Settlement: Case Summaries (WTO 2007).
- "Snapshots of Cases Involving the United States." (Updated by USTR).
- “Summary of Settled Cases Involving the U.S. (yearly) (USTR).”
- "Update of WTO Dispute Settlement Cases" (Updated by the WTO Secretariat).
- WTO -- NGO Papers Received.
Note -- You may want to look at the material in the Sourcebook (Malawer) under Decisions (pp 443 - 674) for a general review of the WTO litigation system and under the Edited Cases (pp788-892) for a compilation of various cases decided between 1995 - 2007. An examination of GAO & CRS Report (pp. 674 - 788) as well as USTR News Releases (pp. 892 - 1040) is very informative. An examination of foreign perspective (pp. 1040 1205) should likewise prove useful.
The team PowerPoint presentation should be 20 - 25 slides. Speaker notes should be attached to the presentation. (The speaker notes are optional in order to explain difficult points. They may provide information that is not actually relied upon in the oral presentation.) The oral presentation is scheduled for 20-30 minutes (including questions and answers). The presentations will be given in the order of the team numbers. (Teams 1-4 will be on the first scheduled night and the remaining will be on the second scheduled night.) A hardcopy of the presentation is to be submitted to the instructor. The presentation should be e-mailed to the instructor prior to the presentation. Please have only two slides per page. Hard copies of the presentation (without the speaker's notes) should be given to each student. Good Luck ...............
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--- Presentations # 2 (U.S. Trade Issues & Legislation) -- Team Assignments ---
** Please include the following in your presentation:
[Please follow the general format of the presentation that is described above for the 1st team presentation.]
