United States Trade Regime (LAW-809-001)
Matthew Nicely, John Magnus
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Provides thorough exposure to the U.S. trade regime. Course coverage includes the legal (including constitutional) framework underlying U.S. participation in trade initiatives; the practical realities of power-sharing in the trade field between the political branches of the U.S. government; the relationship between international obligations and U.S. law in the trade field; the limited but important role of the U.S. judiciary in adjudicating trade matters; the basic U.S. statutory and regulatory frameworks for regulation of imports and exports, as well as export promotion; the process by which discretionary determinations occur day-to-day in the many areas of trade regulation that are not tightly governed by law; and various federal-state issues in the trade field arising from the federal structure of the United States. While substantive WTO law is not included, the course does focus significant attention on U.S. implementation of WTO norms and commitments as well as U.S. participation, both offensively and defensively, in WTO dispute settlement proceedings. The course also covers several domestic U.S. laws and policies that are directly related to trade and concludes with a unit on practical aspects of advocacy work in the international trade field in Washington, D.C.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Reading materials will be made available electronically. Key texts are as follows: 1. Fundamentals of U.S. Foreign Trade Policy: Economics, Politics, Laws, and Issues, by Stephen D. Cohen, Robert A. Blecker, and Peter D. Whitney (Second Edition, 2003), referred to below as “CBW”. 2. International Economic Relations, by John Jackson, William Davey, and Alan Sykes, 6th ed., West Group (2013), referred to below as “JDS.” 3. Overview and Compilation of U.S. Trade Statutes, Parts I and II, by Committee on Ways and Means, U.S. House of Representatives (2010 Overview; 2013 Compilation), referred to below as “CWM Overview” or “CWM Compilation”. 4. Statement of Administrative Action, Uruguay Round Trade Agreements (1994), referred to below as “SAA” 5. Trade Remedies for Global Companies, Ed. Timothy C. Brightbill, Linda S. Chang, and Peggy A. Clarke, Section of International Law, American Bar Association, referred to below as "ABA". 6. Other items listed in syllabus.
First Class Readings
• JDS - pp. 65-121 (in Chapter 3) • CBW - Chapter 1
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