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International Trade Law: An Interdisciplinary, Non-Western Textbook, Volume 1: Fundamental Obligations

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Fourth Edition (2015)
ISBN: 9780327194538
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International Trade Law: An Interdisciplinary, Non-Western Textbook has been revised in its 4th edition, building upon the global successes of its predecessor editions. Truly a “world law” textbook applicable in any country, this edition offers a theoretical and practical approach to economics, politics, international relations, philosophy, and religion as they relate to international trade law. It may be used either in a two semester sequenced course, or as stand-alone volumes for distinct one-semester courses. Additional highlights of the 4th edition include:

• Coverage of vital domestic trade legislation on trade sanctions and export controls
• Emphasis on rising powers such as India and China, and controversies involving Iran, North Korea, and Russia
• Technical every-day issues, such as dumping margin and net countervailable subsidization rates, and critical economic sectors, such as IP and services
• GATT-WTO law and free trade agreements (FTAs)

The 4th edition has been thoroughly updated with new chapters covering: ethics, trade adjustment assistance (TAA), American trade history, Indian trade law and policy, WTO accession, like products, trade and energy, technical barriers to trade, transparency (TBT), non-application and waivers, balance of payments (BOP) crises, GATT morality exception trade facilitation, sanitary and phytosanitary (SOS) measures, compulsory IP licensing, trade remedies against non-market economies (NMEs), currency manipulation, trade sanctions, export controls, labor and the environment, trade and climate change, development economics, and Africa.

Each chapter is manageably sized and offers a user-friendly structure, allowing the flexibility of choosing the chapters that best serve the needs of a professor’s individual course. The topics in each chapter help students establish a fundamental foundation upon which to build their knowledge of international trade law.

Comprehensive Teacher’s Manual available. Includes sample course syllabi, questions, and answers.

Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

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Table of Contents

VOLUME 1 FUNDAMENTAL OBLIGATIONS



Part 1 Moral Foundations of Free Trade

Ch 1 Philosophical and Religious Theories of International Trade and Traders

Ch 2 Theory and Practice of Ethics in International Law



Part 2 Economic Foundations of Free Trade

Ch 3 Free Trade History

Ch 4 Questioning Free Trade History

Ch 5 Trade Patterns and Factors of Production

Ch 6 TAA

Ch 7 Economics of Trade Barriers



Part 3 Historical Foundations of Free Trade

Ch 8 American Trade History

Ch 9 GATT Rounds Through 1970s

Ch 10 Uruguay Round (1986-1994) and Birth of WTO (1995)

Ch 11 DOHA Round (November 2001-Present)

Ch 12 Trade Policy in Modern India



Part 4 Institutional Foundations of Free Trade

Ch 13 Structure of WTO and GATT-WTO Law

Ch 14 GATT-WTO Accessions of Rich, Poor, Islamic, and Non-Islamic Countries



Part 5 Adjudicatory Foundations of Free Trade

Ch 15 GATT-WTO Civil Procedure

Ch 16 Procedural Controversies



Part 6 Product Relationships Essential to Legal Foundations of Free Trade

Ch 17 Like Products

Ch 18 Directly Competitive or Substitutable Products



Part 7 Legal Foundations of Free Trade: Five Pillars of GATT-WTO Law

Ch 19 First Pillar GATT Article I and MFN Treatment

Ch 20 First Pillar (Continued): Energy and 2014 LNG Exports Case

Ch 21 Second Pillar: GATT Article II and Tariff Bindings

Ch 22 Third Pillar: GATT Article III:1-2 and National Treatment for Fiscal Measures

Ch 23 Third Pillar (Continued): GATT Article III:4 and National Treatment for Non-Fiscal Measures

Ch 24 Fourth Pillar: GATT Article XI and QRs

Ch 25 Fourth Pillar (Continued): GATT Article XIII and Administering QRs

Ch 26 Fourth Pillar (Continued): TBTs as NTBs

Ch 27 Fifth Pillar: GATT Article X and Transparency



Part 8 Exceptions: Cracks in Pillars of GATT-WTO Law

Ch 28 GATT Article XXXV Non-Application, GATT Article XXV Waivers, and Trade Remedies

Ch 29 GATT Articles XII and XVIII and BOP Crises

Ch 30 GATT Article XX General Exceptions, But Not Human Rights

Ch 31 GATT Article XX(a) Morality Exception: Alcohol and Animals

Ch 32 GATT Article XX(a) Morality Exception (Continued): Censorship



Part 9 Customs Law

Ch 33 Country of Origin Marking

Ch 34 Entry of Merchandise

Ch 35 Tariff Schedules and Classification

Ch 36 Classification Conundrums

Ch 37 Tariff Valuation

Ch 38 PSI and Trade Facilitation

Ch 39 Border Security



Part 10 Trade and Agriculture

Ch 40 AG Market Access

Ch 41 AG Export Subsidies

Ch 42 Domestic AG Support

Ch 43 SPS Measures



Part 11 Trade and Services

Ch 44 Classifying Services and 4 Modes of Services Supply (GATS Parts I, V-VI)

Ch 45 General Obligations and Exceptions (GATS Part II)

Ch 46 Specific Commitments and Exceptions (GATS Parts III-IV)



Part 12 Trade and IP

Ch 47 Overview of IP

Ch 48 Substantive TRIPs Agreement Obligations

Ch 49 Compulsory Licensing, Evergreening, and Patented Pharmaceuticals

Ch 50 IP Enforcement



Index