.... 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 are some crucial trade issues confronting the U.S. and the global trading system (and what are some proposals by President Obama)?
• What is the relation of global trade to national security?
• What has been the impact of the global financial crisis on economic protectionism?
• 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?
• What is the implication of the global financial crisis for trade protectionism, the conclusion of the Doha Round and trade finance?
• What is the legality of the "Buy American" provision under the Government Procurement Agreement (GPA) and its application to various foreign governments and to the states within the United States?
• What is the legality of massive government  bailouts of different sectors in fighting the global recession under the WTO rules?
• What are the WTO restrictions concerning currency valuation? How is this related to the IMF rules?

              [ DOHA]                                                   

·       How would you describe the agricultural issue within the Doha round?

·       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 about the Singapore issues and the July 2004 Package?

·       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"?

• What has been the position of the Obama Administration on Doha and the impact of the global recession on Doha? 

• Any lessons from the global recession and rise of protectionist measures on Doha?

            [Dispute Resolution System]

•      What is the historical significance of the DSU?

·       What are the implications of the DSU for American sovereignty? Does the DSU subject  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 does it mean that recommendations of the DSB requires the bringing into compliance the objectionable act or legislation? In terms of sovereignty of nations?

·       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 compliance? Are sanctions only prospective? Any alternatives -- fines or compensation?

·       How does the DSB 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 first ten years (1995-2005)? Over 15 years (1995-2010)?

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

·      What has been China's experience in WTO litigation since 2001? What has been the attitude of the Bush Administration and Obama Administration in bring cases against China? Is this newer more aggressive U.S. policy effective?

·       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?  Brazil -- Sugar & Cotton cases? Airbus-Boeing? Genetically–Modified food imports? E-Betting? China Chip Case? China IPR? China Entertainment? China Auto Parts? Airbus?

• 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 actions against China in the WTO (2007-2010) 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 does the recent U.S.-China IPR case (2009) indicate about state-controlled distributorships, the inter-play between WTO obligations and the domestic legal system? What is the significance of this as to the idea that the WTO helps societies develop a rules-based system and a measure of democracy?

• What do the recent decisions the Beef Hormone Case indicate about the problem of lifting sanctions?

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

• 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 agreement was involved in the Beef Hormone Case and the GMO Case and what is the "precautionary principle"?

• What agreement was involved in the E-Gambling Case , what was the main issue concerning the U.S. commitment and what is the issue of cross-sector  sanctions?

• 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?

• What does the Airbus decision (2010) indicate about "launch aid"?

• In general has the litigation of trade disputes enhanced trade relations or created more problems?

• What is the notion of "localizing global problems" as opposed to the concept that global action is needed for local problems?

OTHER INTERNATIONAL & DOMESTIC INSTITUTIONS.  

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

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? What about restrictions on global currency and financial transactions as a means of restricting terrorism financing,                                 especially from various Middle East countries?

o      What are some historical and current examples?

o      What is the issue of "multijurisdictional world" and "global transactions"? 

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

o      What is the impact of  post  9/11 legislation and its focus on national security on our trade relations?   In terms of mergers and foreign direct investment into the United States?

                         [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)? What are more recent examples involving Chinese firms?

o      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? How were these type of issues treated by the ITO ? Havana Charter in 1947? How is it treated under the WTO agreements? In current Doha trade negotiations?

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

•    In the current dispute over transatlantic aviation alliances?

•    As to Microsoft Cases (Windows Media and now Internet Explorer)?

•    Recent largest EU fine against Intel (2009)?

•    What about the recent EU investigation of Google (2010)?

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 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?

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

  U.S. TRADE LAW -- Import Relief, Market Access, Boycotts, Corruption , Taxation & 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 three major import relief actions?  

o      What is the significance of the WTO authorizing sanctions and the impact on Section 301 unilateral sanctions? In the terms of other countries joining the WTO? Of slowing new unilateral sanctions?  What is the interplay between §301 and the WTO / DSU?

o      How has recent U.S. trade action against China been responded to by China in terms of WTO litigation and new antidumping actions by China? What has been China's response against the U.S. and the EU?

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)?  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 impact of the Section 301  petition filed by the Steelworkers against China's alternative energy subsidies in Fall 2010 on U.S. trade relations? Any lessons?

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

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

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

o      Why has the Dept. of Justice been so active in prosecuting global price-fixing cases and violations of the Foreign Corrupt Practices Act? Why is corruption bad for economic development?

o     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?

o      What is the issue of tax havens and exchange of tax information as to trade and economic development? What is the role of the OECD?

   [ Bush’s Trade Legacy & Obama's Trade Policies ]  

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 Bush administration and now confronted by the Obama administration? What are the chances of the U.S.-Korea bilateral being passed by the Congress?

o      What were the major trade issues  confronting the Obama administration especially after the midterm elections of 2010?  

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

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

• WTO filings concerning China on a range of trade issues (2007-2010)?

• What are 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 2012 elections?

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

• What are the current policies concerning cross-border taxation (tax havens,  exchange of information, transfer pricing, tax deferral for foreign subsidiaries of U.S. firms)?

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?    

o    What has been President Obama's focus on an enforcement-centered trade policy? What actions has he taken concerning China trade? What has been the result of his trip to Asia and China?

o     How significant is President Obama's new export policies in actually increasing exports?

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? 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 are Obama administration's proposals concerning enhancing multilateral financial and trade institutions? For the G-20 and for the IMF? For the WTO?

• 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"? Any common ground? What is the impact of the "Tea Party"? The 2010 midterm elections?

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

• How are today's global challenges confronting the new Obama administration similar but different from those of the 1990s? From the 1930s?

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