INTERNATIONAL TRADE REGULATION Volume 2 2002 Professor Trebilcock tmt AUG 2 8 FKUlTif OF OmSStTV OF TOROUTO INTERNATIONAL TRADE REGULATION Volume 2 2002 Professor Trebilcock Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/internationaltra02treb_4 International Trade Regulation 2002-2003 Professor Michael Trebilcock TABLE OF CONTENTS 1) The Evolution of Trade Theory and Policy Dani Rodrik, “Sense and Nonsense in the Globalization Debate” 1-1 (Summer 1997) Foreign Policy 19 Chapter 25: “Who is ‘Us’?” in R. Reich, The Work of Nations 1-9 (New York: Vintage, 1991) Paul Krugman, “Competitiveness: A Dangerous Obsession” 1-17 (1994) 73 (2) Foreign Affairs 28 Michael J. Trebilcock, “Post Seattle Reflections: A Qualified Defense 1-22 of The International Rule of Law” in Norman Dorsen & Prosser Gifford (eds.) Democracy and the Rule of Law (2001) 319 2) Overview of the GATTAVTO and NAFTA Robert Hudec, “Tiger, Tiger in the House: A Critical Appraisal of the 2-1 Case against Discriminatory Trade Measures” in Emst-Ulrich Petersmann and Meinhard Hilf, eds. The New GATT Round of Multilateral Trade Negotiations (Deventer Boston: Kluwer Law International) Debra Steger, “The World Trade Organization: A New Constitution for the 2-29 Trading System” in Marco Bronckers and Reinhard Quick, eds. New Directions in International Economic Law (The Hague/London/Boston: Kluwer Law International) WTO-Ministerial Declaration initiating DOHA Round, 14 Nov. 2001 2-49 3) Dispute Settlement and Treaty Interpretation WTO, “Understanding On Rules and Procedures Governing the Settlement 3-1 of Disputes” in The WTO Dispute Settlement Procedures, (Geneva: World Trade Organization, August 1995) “Is the WTO Dispute Settlement System Responsive to the Needs of Traders?” 3-21 (1998) J. World T. 147 David Palmeter, “The Need for Due Process in WTO Proceedings” 3-31 (1998) J. World T. 147 Debra Steger, “The Appellate Body and its Contribution to the 3-35 WTO Dispute Settlement” (Minneapolis: The Political Economy of International Trade Law, University of Minnesota Law School, September 2000) Debra Steger and S. Hainsworth, “New Directions in International 3-53 Trade Law: WTO Dispute Settlement” in Dispute Settlement in the WTO by J. Cameron and Nicholas May, 1998 4) Non-Discrimination: MFN and National Treatment Belgian Family Allowances, Report of the Working Party (1952) 4-1 WTO-Turkey - Restrictions on Imports of Textile and Clothing Products, 4-3 Report of the Appellate Body (1999) WTO - Canada - Certain Measures Affecting the Automotive Industry, 4-15 Report of the Appellate Body (2000) Raj Bhala, “The Bananas War” (2000) McGeorge Law Review, 4-30 University of the Pacific v. 31, i. 4, 843 - 971 5) Anti-Dumping Laws Jorge Miranda, “Should Anti-Dumping Laws be Dumped?” 5-1 (1996) 28 Law and Policy International Business 255 Alan Sykes, “The Economics of ‘Injury’ in Anti-Dumping and 5-11 Countervailing Duty Cases” in J.S. Bhandari and A. O. Sykes, eds. Economic Dimensions in International Law: Comparative and Empirical Perspectives (Cambridge: Cambridge University Press, 1997) 126 Ronald Cass and Michael Knoll, “The Economics of ‘Injury’ in 5-22 Anti-Dumping and Countervailing Duty Cases: A Reply to Professor Sykes” in J. S. Bhandari and A. O. Sykes, eds. Economic Dimensions in International Law: Comparative and Empirical Perspectives (Cambridge: Cambridge University Press, 1997) 126 WTO - United States - Anti-Dumping Act of 1916, 5-30 Report of the Appellate Body (2000) Debra Steger, “Appellate Body Jurispmdence Relating to Trade Remedies” 5-54 forthcoming in Journal of World Trade Law (2001) 6) Subsidies and Countervailing Duties Robert Howse, “Settling Trade Remedy Disputes: 6-1 When the WTO Forum is Better than the NAFTA,” C. D. Howe Institute Commentary (1998) Certain Softwood Lumber Products from Canada, 6-14 Decision of the Binational Panel of Remand (1993) Certain Softwood Lumber Products from Canada, 6-33 Extraordinary Challenge Committee (1994), views of Dissenting Member Wilkey Michael J. Trebilcock, “Brazil-Canada Aircraft Subsidies Dispute: 6-38 The Definition of Export Subsidies and Remedies” Canadian Competition Record v. 20, n. 2, Fall 2000, 32 7) Safeguards and Adjustment Assistance Alan Sykes, “GATT Safeguard Reforms: The Injury Test” 7-1 in M. J. Trebilcock and R. York, eds.. Fair Exchange: Reforming Trade Remedy Laws (Toronto: C. D. Howe Institute, 1990) 203 WTO-United States - Safeguard Measures on Imports of Fresh, 7-11 Chilled, and Frozen Lamb Meat from New Zealand and Australia, Report of the Appellate Body (2001) WTO - United States - Definitive Safeguard Measures on Imports 7-65 of Wheat Gluten from the European Communities, Report of the Appellate Body (2000) 8) Trade in Services WTO - European Communities - Regime for the Importation, Sale, 8-1 and Distribution of Bananas, Report of the Appellate Body (1997) WTO - Canada - Certain Measures Affecting the Automotive Industry, 8-24 Report of the Appellate Body (2000) 9) Trade-Related Intellectual Property Rights WTO-Canada-Term of Patent Protection, Report of the Appellate Body (2000) 9-1 WTO-Canada-Patent Protection of Pharmaceutical Products, 9-17 Report of Panel (2000) WTO - "Declaration on the TRIPS Agreement and Public Health ” 9-47 Ministerial Declaration, WT/MIN (01)/DECAV/2, 14 November 2001 United Nations - Economic, Social, and Cultural Rights: 9-49 The Impact of the Agreement on Trade Related Aspects of Intellectual Property Rights on Human Rights, Report of the High Commissioner, UN Commission on Human Rights (June 2001) 10) Trade-Related Investment Measures (TRIMS) Patrick Dumberry, “The NAFTA Investment Dispute 10-1 Settlement Mechanism: A Review of the Latest Case Law” J. of World Investment, v. 2, n. 1, March 2001 J. Christopher Thomas, “Investor State Arbitration under 10-48 NAFTA Chapter 11” Canadian Yearbook on International Law 1999 11) Trade and Environmental Standards WTO - United States - Import Prohibition of Certain Shrimp 11-1 and Shrimp Products, Report of the Appellate Body (1998) WTO - United States - Import Prohibition of Certain Shrimp 11-45 and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia (2002) WTO - European Communities - Measures Affecting Asbestos 11-98 and Asbestos - Containing Products, Report of the Appellate Body (2000) 12) Agriculture and Sanitary and Phytosanitary Measures M. Trebilcock and J. Soloway “International Trade Policy 12-1 and Domestic Food Safety Regulation: The Case for Substantial Deference by the WTO Dispute Settlement Body Under the SPS Agreement” (unpublished) NAFTA - Tariffs Applied by Canada to US-Origin 12-49 Agricultural Products, Final Report of the Panel (1996) WTO-EC Measures Concerning Meat and Meat Products 12-74 (Hormones), Report of the Appellate Body (1997)