International Trade LawInternational Trade Law

Defining Trade termsDefining Trade terms

Dictionary of International TradeDictionary of International Trade• REF K3943 .B488 2008REF K3943 .B488 2008

INCO terms (published by the ICC)INCO terms (published by the ICC)• This publication is KEY if you are working on This publication is KEY if you are working on

international sales of goods; we do not have the new international sales of goods; we do not have the new 2010 edition, so get a sense of the types of terms 2010 edition, so get a sense of the types of terms used here: http://en.wikipedia.org/wiki/Incotermused here: http://en.wikipedia.org/wiki/Incoterm

SICE (OAS) Glossaries of Trade TermsSICE (OAS) Glossaries of Trade Terms• http://www.sice.oas.org/Glossaries_e.asphttp://www.sice.oas.org/Glossaries_e.asp

Int’l Trade – Secondary SourcesInt’l Trade – Secondary Sources BNA’s International Trade ReporterBNA’s International Trade Reporter BNA’s WTO ReporterBNA’s WTO Reporter

• Available through links found here: Available through links found here: http://lawlib1.lawnet.fordham.edu/eresourchttp://lawlib1.lawnet.fordham.edu/eresources/erlinks/trade.htmles/erlinks/trade.html

WorldTradeLaw.netWorldTradeLaw.net TradeLawGuideTradeLawGuide

Legal framework of int’l tradeLegal framework of int’l trade

Most countries members of WTOMost countries members of WTO• Many countries also have bilateral or Many countries also have bilateral or

regional trade agreementsregional trade agreements Trade agreements generally have Trade agreements generally have

dispute resolution mechanismsdispute resolution mechanisms Trade obligations may affect/supplant Trade obligations may affect/supplant

national lawnational law

WTO – An IGO?WTO – An IGO? International legal status created by:International legal status created by:

• Marrakesh AgreementMarrakesh Agreement Legislative body: Legislative body:

• Ministerial Conference which meets at Ministerial Conference which meets at least once every two yearsleast once every two years

Dispute Settlement BodyDispute Settlement Body Executive body: Executive body:

• WTO Secretariat, headed by a Director-WTO Secretariat, headed by a Director-GeneralGeneral

WTO historyWTO history

Began in 1995, built on GATTBegan in 1995, built on GATT GATT began in 1947 GATT began in 1947 GATT intended as tariff-cutting GATT intended as tariff-cutting

agreement.agreement. ““Rounds” are series of negotiations Rounds” are series of negotiations

intended to cut tariffs.intended to cut tariffs.

3 main principles of GATT/WTO3 main principles of GATT/WTO

convert all trade barriers to tariffsconvert all trade barriers to tariffs• transparenttransparent• easier to administer easier to administer

most-favored-nation (MFN) most-favored-nation (MFN) • any favorable trade treatment must be any favorable trade treatment must be

given to all members given to all members national treatmentnational treatment

• imports treated equally with domesticimports treated equally with domestic

WTO: 6 componentsWTO: 6 components

trade in goods –1994 GATT agreement trade in goods –1994 GATT agreement –all bound–all bound

product standards –all boundproduct standards –all bound GATS –trade in services—not all boundGATS –trade in services—not all bound TRIPs –all boundTRIPs –all bound plurilateral agreements (e.g., gov’t plurilateral agreements (e.g., gov’t

procurement) –some boundprocurement) –some bound dispute resolution –all bounddispute resolution –all bound

Researching WTO lawResearching WTO law

Learned Handy on WTO and GATT law: Learned Handy on WTO and GATT law: http://lawlib1.lawnet.fordham.edu/researhttp://lawlib1.lawnet.fordham.edu/research/gatt_wto.pdfch/gatt_wto.pdf

NYU Guide to WTO/GATT:NYU Guide to WTO/GATT:http://www.law.nyu.edu/library/http://www.law.nyu.edu/library/

wtoguide.htmlwtoguide.html treatises for background, concepts, treatises for background, concepts,

details [use the research guides to details [use the research guides to locate key titles in our catalog]locate key titles in our catalog]

WTO dispute resolution processWTO dispute resolution process

““request for consultations” = complaintrequest for consultations” = complaint panelpanel appellate body (appeals routine)appellate body (appeals routine) loser must bring itself into complianceloser must bring itself into compliance

• if not, winner can retaliateif not, winner can retaliate

WTO dispute resolution processWTO dispute resolution process

Locating WTO dispute panel Locating WTO dispute panel decisionsdecisions

WTO website best place to find decisionsWTO website best place to find decisions Also available here:Also available here:

• ““Official” source for decisions: Dispute Official” source for decisions: Dispute Settlement Reports [K4600.A53 W67, lag time Settlement Reports [K4600.A53 W67, lag time currently 3 years]currently 3 years]

• Lexis [International law >Find Statutes, Lexis [International law >Find Statutes, Regulations & Administrative materials & Regulations & Administrative materials & regulations >Regulations & Agency Decisions regulations >Regulations & Agency Decisions >Agency Decisions >GATT panel and World >Agency Decisions >GATT panel and World Trade Organization decisions, 1948-]Trade Organization decisions, 1948-]

• Westlaw [WTO-DEC]Westlaw [WTO-DEC]

WTO siteWTO site The official WTO website contains:The official WTO website contains:

• documents from 1995documents from 1995– use Stanford’s GATT site for GATT documents use Stanford’s GATT site for GATT documents

(pre-1995): (pre-1995): http://gatt.stanford.edu/bin/search/simplehttp://gatt.stanford.edu/bin/search/simple

• treatiestreaties• WTO Analytical Index — Guide to WTO WTO Analytical Index — Guide to WTO

Law and Practice (travaux and Law and Practice (travaux and interpretation)interpretation)– http://www.wto.org/english/res_e/booksp_e/http://www.wto.org/english/res_e/booksp_e/

analytic_index_e/analytic_index_e.htmanalytic_index_e/analytic_index_e.htm

• reports, news, statisticsreports, news, statistics

Locating WTO decisionsLocating WTO decisions

Can be found in full text on the WTO Can be found in full text on the WTO site in the “Dispute Resolution” section, site in the “Dispute Resolution” section, but notoriously cumbersome and but notoriously cumbersome and difficult to actually download full text difficult to actually download full text documentsdocuments• Follow the directions in the following slides Follow the directions in the following slides

on how to get to the pageon how to get to the page

Begin at the WTO website (http://www.wto.org) and then mouse Begin at the WTO website (http://www.wto.org) and then mouse over “Trade Topics”, mouse over “Dispute Settlement” and then over “Trade Topics”, mouse over “Dispute Settlement” and then

select the “Dispute Settlement Gateway”select the “Dispute Settlement Gateway”

Click on “Dispute Settlement” on the next page (with the globe) and then Click on “Dispute Settlement” on the next page (with the globe) and then scroll down the page until you see the toolbar on the right-hand side that is scroll down the page until you see the toolbar on the right-hand side that is titled “The Disputes”. Select the most appropriate way of locating the case titled “The Disputes”. Select the most appropriate way of locating the case

you are looking for based on the info you have. you are looking for based on the info you have.

Locating WTO decisionsLocating WTO decisions

If you want to find background If you want to find background information on the cases by Agreement information on the cases by Agreement or topic, try using the or topic, try using the WTO Analytical WTO Analytical IndexIndex to locate a relevant case to locate a relevant case • using a subject search for the topic, using a subject search for the topic, • or search the annotated agreements to find or search the annotated agreements to find

interpretative cases on almost every article interpretative cases on almost every article of the main WTO agreementsof the main WTO agreements

To use the WTO Analytical index, use the URL provided in the To use the WTO Analytical index, use the URL provided in the previous slide to access the Index. Decide which way you wish to previous slide to access the Index. Decide which way you wish to

use the Index—by the Agreement/Article, or by subjectuse the Index—by the Agreement/Article, or by subject

Could you possibly be looking for information

regarding the interpretation of

terms used in one of these

Agreements?

Or are you looking for cases/documents

related to an item like bananas?

Other sources for WTO researchOther sources for WTO research

WorldTradeLaw.netWorldTradeLaw.net• Been around longer so interface is a bit Been around longer so interface is a bit

dated; can be difficult to navigatedated; can be difficult to navigate• Key resource: Dispute Settlement Key resource: Dispute Settlement

CommentariesCommentaries TradeLawGuideTradeLawGuide

• Newer, more practitioner-orientedNewer, more practitioner-oriented• Key resource: citator for WTO decisionsKey resource: citator for WTO decisions

WorldTradeLaw.netWorldTradeLaw.net http://www.worldtradelaw.nethttp://www.worldtradelaw.net Secondary source that provides Secondary source that provides

commentary and links to primary source commentary and links to primary source WTO materials—often much easier to WTO materials—often much easier to retrieve documents on this site than the retrieve documents on this site than the WTO siteWTO site

Some free information, some you have to Some free information, some you have to pay forpay for• Most useful product they produce are the Most useful product they produce are the

Dispute Settlement Commentaries (DSC)Dispute Settlement Commentaries (DSC)– DSCs summarize the findings of a WTO panel/appeal DSCs summarize the findings of a WTO panel/appeal

decision and then provide commentary on the decision and then provide commentary on the implications of the decisionimplications of the decision

Locate DSCs here

Free stuff

Subscription stuff

TradeLawGuideTradeLawGuide

http://www.tradelawguide.comhttp://www.tradelawguide.com More practitioner-oriented, but useful source More practitioner-oriented, but useful source

for tracing the process of a WTO casefor tracing the process of a WTO case• Provides text of the DSB minutes as well as Provides text of the DSB minutes as well as

negotiating history of the Uruguay Roundnegotiating history of the Uruguay Round• Also provides a citator service that allows you to Also provides a citator service that allows you to

“shepardize” a decision to see how subsequent “shepardize” a decision to see how subsequent cases on a particular issue have been resolvedcases on a particular issue have been resolved

Use “Short Titles” kind of like the Popular Name table for finding

statutes

“Shepardize” previous decisions

Locate annotated

agreements

Exercise #2Exercise #2

Locate a WTO case that discusses the Locate a WTO case that discusses the phrase “differences which affect price phrase “differences which affect price comparability” in Article 2.4 of the WTO comparability” in Article 2.4 of the WTO Agreement Agreement • Has this decision been cited subsequently Has this decision been cited subsequently

by a WTO dispute resolution body?by a WTO dispute resolution body?• Is there a Dispute Settlement Commentary Is there a Dispute Settlement Commentary

(DSC) available for this case?(DSC) available for this case?

Trade AgreementsTrade Agreements

permitted by WTO permitted by WTO multilateral (ex. NAFTA) or bilateral (ex. multilateral (ex. NAFTA) or bilateral (ex.

Korea)Korea) important because of stalled progress on important because of stalled progress on

Doha roundDoha roundcan’t get things done together, can’t get things done together, do them yourselfdo them yourself

US aggressively pursuing—NAFTA, CAFTA-US aggressively pursuing—NAFTA, CAFTA-DR, in negotiations on Colombia, Korea, DR, in negotiations on Colombia, Korea, Panama, Asia-PacificPanama, Asia-Pacific

NAFTANAFTA

earlier CFTA (US-Canada)earlier CFTA (US-Canada) decreases, then removes tariffsdecreases, then removes tariffs Anti-dumping, countervailing duty Anti-dumping, countervailing duty

disputes (Chapter 19) — arbitration disputes (Chapter 19) — arbitration before bi-national panelsbefore bi-national panels

investment disputes (Chapter 11)—investment disputes (Chapter 11)—ICSID arbitration, UNCITRALICSID arbitration, UNCITRAL

Locating NAFTA Binational Panel Locating NAFTA Binational Panel decisionsdecisions

NAFTA Secretariat website NAFTA Secretariat website http://www.nafta-sec-alena.orghttp://www.nafta-sec-alena.org

No official reporter, but in print consult: No official reporter, but in print consult: North American free trade agreementsNorth American free trade agreements [looseleaf reporter, volumes including [looseleaf reporter, volumes including treaties, disputes, and investor-state treaties, disputes, and investor-state arbitration KDZ944.A41992 L39]arbitration KDZ944.A41992 L39]

Westlaw [NAFTA-BIP]Westlaw [NAFTA-BIP] Lexis [International Trade > Cases > Lexis [International Trade > Cases >

Interpreting U.S. Law > NAFTA Panel Interpreting U.S. Law > NAFTA Panel Review Decisions]Review Decisions]

Locate NAFTA dispute panel decisions from the main NAFTA page Locate NAFTA dispute panel decisions from the main NAFTA page (URL provided in previous link) by looking under “Dispute (URL provided in previous link) by looking under “Dispute

Settlement – Decisions and Reports” or using the graphical link on Settlement – Decisions and Reports” or using the graphical link on the right hand sidethe right hand side

Tariff schedulesTariff schedules

Did they overcharge your client? Check Did they overcharge your client? Check the tariff schedule:the tariff schedule:• US Harmonized Tariff ScheduleUS Harmonized Tariff Schedule

– http://hts.usitc.gov/http://hts.usitc.gov/

• WTO schedule of concessionsWTO schedule of concessions– http://tariffdata.wto.orghttp://tariffdata.wto.org

• Other countries:Other countries:– Locate a country’s trade department siteLocate a country’s trade department site

Exercise #3Exercise #3 Did NAFTA ever adjudicate a dispute Did NAFTA ever adjudicate a dispute

involving the same material at issue in the involving the same material at issue in the WTO in Exercise #2? If so, which two WTO in Exercise #2? If so, which two countries were involved?countries were involved?

What is the Harmonized Tariff Schedule What is the Harmonized Tariff Schedule number for this material generally (generally number for this material generally (generally don’t need to know the .xxx decimal don’t need to know the .xxx decimal denomination for the particular type of this denomination for the particular type of this material)material)