FACULTY OF LAW UNIVERSITY OF DELHI LL.B. V TERM

1 FACULTY OF LAW UNIVERSITY OF DELHI V TERM YEAR 2017-18 PAPER LB 5036 INTERNATIONAL TRADE LAW Materials Selected by Anupam Jha Ashish Kumar Mizum Nyodu Irwin L. Hanamte INTERNATIONATIONAL TRADE LAW Vth TERM 2016-17 Dr. Anupam Jha Dr. Ashish Kumar Mr. Miijum 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 and GATT: Economics, Law, and Politics, Kluwer Law International (2006) 5. Dr. Myneni, International Trade Law (International Business Law) (3rd edn.) Allahabad Law Agency (2014) Topic 1: Origin and Evolution of GATT & WTO.

2 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 Most-favoured-Nation Treatment (MFN) Article 1 of GATT 1947: its background and history, meaning, scope, significance & advantages,; meaning and scope of like product . 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.)

3 VI, Subsidies Code and Government Procurement Code, Art XXIII, XIX (Escape Clause); Also Discuss Regional Associations like NAFTA, BRICS, SAFTA, TTIP etc. National treatment principle (NT) Article III, GATT: its Origin & Scope, Meaning, Methodology. 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 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. US Taxes on Automobiles case, Complaints by the European Community against US, WT/DS 31/R, 11 Oct., 1994 4. 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.

4 , 1996 5. Korea-Measures Affecting Imports of Fresh, Chilled and Frozen Beef case (Korea-Beef case), Complaint by US & Australia against South Korea, WT/DS 161, 11 Dec., 2000 6. India Measures Affecting the Automotive Sector case, Complaint by US & EU against India, WT/DS146/R, 5 April, 2002 7. 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 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 Identification of Subsidies that are subject to the SCM Agreement.

5 Definition of Subsidy , Specificity . Regulation of Specific Subsidies i. Prohibited Subsidies ii. Actionable Subsidies iii. Non- actionable Subsidies Dispute Settlement and Remedies Cases:- 1. 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 Anti-dumping: A Basic Overview Anti-dumping Investigations 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.

6 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) The scope of GATS General obligations and disciplines i. MFN Principle (GATS Article II & Annex) ii.

7 Domestic regulations (GATS Article VI) iii. Exceptions (GATS Article XIV) 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) Objective and Coverage of TRIMs National Treatment and Quantitative Restrictions, Inconsistent TRIMs Notification & Transitional Agreements, Transparency 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 1. Indira Carr, International Trade Law, (5th edn.) Routledge (2014) 2.

8 Jason Chuah, Law of International Trade, (5th edn.) Sweet & Maxwell (2013) 3. Dr. Myneni, International Trade Law (International Business Law) (3rd edn.) Allahabad Law Agency (2014) Topic 7: Export Trade transactions and International Commercial Contracts 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 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 Carriage of Goods by Sea Bills of lading and Charter Parties Rights and Liabilities of the Parties to Contract of Carriage INDEX 1. WTO: Objective, Functions & Organizational Structure 2.

9 Agreement Establishing the WTO, 1994 (Text) 3. General Agreement on Tariffs and Trade, 1994 (Text) 4. Principle of Most Favoured Nation 5. Principle of National Treatment 6. Understanding on Rules & Procedures Governing the Settlement of Disputes (Text) 7. Dispute Settlement System in the WTO (Reading) 8. Dumping & Anti-Dumping in the GATT/WTO 9. General Agreement on Trade in Services (Text) 10. GATS (Reading) 11. Agreement on Trade Related Investment Measures (Text) 12. TRIMS (Reading) 13. European Communities Regime for the Importation, Sale & Distribution of Bananas, WT/DS 27, 5 Feb., 1996 14. India Measures Affecting the Automotive Sector WT/DS146/R, 5 April, 2002 15. Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India, WT/DS 436/AB/R (19 December 2014) 16. India-Certain Measures Relating to Solar Cells and Solar Modules, WT/DS 456, 6 Feb.

10 2013 V Term Examination, 2016 Paper 5036 - International Trade Law Time: 3 hours Maximum Marks: 100 Note: Attempt at least one question from each part and five questions in all. PART I Q. No. 1. (a) What is the scope and function of WTO? Discuss in brief the organizational structure of the WTO. (b) The Uruguay Round of Negotiations finally led to the creation of WTO . In the light of this statement briefly discuss the salient achievements of Uruguay Round. Q. No. 2. (a) Explain the rules and exceptions governing Principle of National Treatment in WTO? Refer to relevant decisions of WTO. (b) Country X takes a measure whereby meat imported from country Y is required to be sold from an exclusive separate outlet in the domestic market of X. Country Y alleges discrimination. Examine the validity of the measure taken by X and claims made by Y in the light of relevant finding made by WTO in the Korea-Beef case, WT/DS 161 (2000) Q.