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International Trade Law: An Interdisciplinary, Non-Western Textbook, Volumes 1 and 2 Bundle

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Fourth Edition (2015)
ISBN: 9780327194521
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To purchase a printed version of this title, please visit www.caplaw.com.

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.

Authors / Contributors

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



VOLUME 2 REMEDIES AND PREFERENCES

Part 13 Remedies Against “Unfair” Trade: AD Law

Ch 51 Political Economy of Dumping and AD Duties

Ch 52 Procedures: Original Investigations Through Final Determinations

Ch 53 Procedures (Continued): After Final Determinations

Ch 54 Dumping Margin Calculation

Ch 55 Common Dumping Margin Calculation Issues

Ch 56 Adjustments to Normal Value

Ch 57 Adjustments to Export Price and Contructed Export Price

Ch 58 Injury



Part 14 Remedies Against “Unfair” Trade (Continued): CVD Law

Ch 59 Political Economy of Subsidies and CVDs

Ch 60 Definition of “Subsidy,” 1st Element: “Financial Contribution”

Ch 61 Definition of “Subsidy,” 2nd Element: “Benefit” Conferred

Ch 62 Definition of “Subsidy,” 3rd Element: Specificity Test

Ch 63 Traffic Light System and Red Light (Prohibited) Subsidies

Ch 64 Traffic Light System (Continued): Yellow Light (Actionable) Subsidies

Ch 65 CVDs Against Pre-Privatization Subsidies



Part 15 Remedies Against “Unfair” Trade (Continued): Causation in AD-CVD Cases

Ch 66 Philosophy and Economics of Causation

Ch 67 Determining Causation in Practice



Part 16 Remedies Against “Fair” Trade: Safeguards

Ch 68 Historical, Economic, and Political Rationales for Safeguards

Ch 69 Legal Criteria for General Safeguards



Part 17 Remedies Against NMEs

Ch 70 AD Cases Against NMEs

Ch 71 CVD Cases Against NMEs

Ch 72 Market Disruption



Part 18 Unilateral Trade Remedies

Ch 73 Rationales for Unilateral Retaliation

Ch 74 Section 301

Ch 75 Currency Manipulation



Part 19 National Security Protections

Ch 76 Morality of Trade Sanctions

Ch 77 American Trade Sanctions

Ch 78 American Export Controls: Nuclear Items

Ch 79 American Export Controls: Military Goods

Ch 80 American Export Controls: Dual Use Items



Part 20 Rationales for FTAs

Ch 81 Economic Aspects of FTAs

Ch 82 Political and Security Aspects of FTAs



Part 21 Common Legal Features of FTAs

Ch 83 GATT-WTO Disciplines on FTAs

Ch 84 Preferential ROOs



Part 22 Legal Commitments in FTAs

Ch 85 Typical FTA Market Access Obligations

Ch 86 Liberalizing Services Trade Through FTAs

Ch 87 Liberalizing and Protecting FDI Through FTAs

Ch 88 Additional Commitments in Deep FTAs



Part 23 Trade and Labor

Ch 89 International Labor Law and Trade Restrictions

Ch 90 Substantive Labor Obligations in FTAs

Ch 91 Resolving Labor Disputes Under FTAs



Part 24 Trade and Environment

Ch 92 GATT Article XX(b) and XX(g) Jurisprudence

Ch 93 Environmental Provisions in FTAs

Ch 94 Trade and Climate Change



Part 25 Preferences for Poor Countries

Ch 95 Development Economics: Measuring Growth, Development and Poverty

Ch 96 Development Economics (Continued): Economic Growth Models

Ch 97 Trade Policies, Growth, and Poverty

Ch 98 S&D Treatment

Ch 99 GSP

Ch 100 Special Help for Africa?



Index