International Trade Law
Hidayatullah National Law University · LL.B. Semester 9 · LLB-H-902
Unit I — Conceptual & Theoretical Foundation of International Trade
Origin of Trade and Commerce & Defining International Trade Law · Sources of International Trade Law · Agreements between States · General practices between States · Generally recognized principles of law · Decided trade disputes/cases and academic writings · Domestic law · Theories that would mainly be discussed: · Pure or Real Theory of International Trade Equilibrium · Monetary theory of balance of payment adjustment · Mercantilism - Commercial Capitalism & its Criticism · Theory of Absolute Advantage of Adam Smith · Theory of Comparative Advantage of David Ricardo & Modern development in the theory · H-O Model & Gravity Model · Distributive Justice in International Trade · Importance of Trade and Gains from Trade · Economic globalization and international trade · Fair trade versus free trade Protectionism · Instruments of trade Policy · Why do governments intervene in the market?
Unit II — The Evolution of the World Trade Order, Structure and Role of the World Trade
Organization in International Trade · Historical background of WTO: Brief introduction of international Trade in world history and starting of modern trading system · GATT 1947 to WTO: An overview · Eight Rounds of negotiations with special reference to the Subjects and Modalities of Uruguay Round of negotiation · Difference between GATT 1947 and GATT 1994 · Institutional Structure of the WTO · Membership to the WTO and the process of Accession · Decision-making in the WTO · Role of the WTO in International Trade · Relationship of WTO with the other two Bretton Woods institutions i.e., IMF and World Bank along with World Bank Group [IBRD, IDA, IFC, MIGA & ICSID · Coherence Declaration – Para 5
Unit III — Dispute Settlement Mechanism within the framework of the Multilateral
Trading System (MTS) · Conceptualizing Trade Disputes and the Resolution Mechanism under MTS · Meaning of Trade Disputes · Background of Dispute settlement under GATT 1947 · Settlement of disputes between States under WTO · Reference to Uruguay round of negotiations · Overview of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) · Salient features of the DSU · Principles & Practice of WTO dispute settlement · Structure and functions of the Panel and Appellate body of DSB · Overview of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) · Shortcoming of the Dispute Settlement Mechanism, contemporary challenges and expected reforms in the adjudicatory process within the framework of the DSB
Unit IV — Principles of Multilateral Trading System and Overview of Agreements
annexed to the Marrakesh Agreement · An overview of the General Principles of the Multilateral Trading System · Principle of Non-Discrimination · Principle of Transparency · Principle of Freer Trade through gradual negotiations · Principle of Predictability · Principle of Reciprocity · Principle of Promoting Fair Competition · Principle of Creating Safety Values · Principle of Special and Differential Treatment · An overview of the regulatory regime under WTO for Goods (Annex 1A), Services (Annex 1B), IPRs (Annex 1C), Market Access Commitments, DSU (Annex 2), TPRM (Annex 3), Plurilateral trade agreements (Annex 4) · National Treatment: · Concept of “Like products” · Difference in treatment of “like products” and “directly competitive and substitutable products”. · Exceptions to the Rule · Most Favored Nation Treatment: · Advantages of the MFN Rule · Exceptions to the Rule · Trading Blocs: European Union & ASEAN · India as a member of RTAs/FTAs · RTAs and FTAs as a threat to Multilateralism?
Unit V — Tariff and Non-Tariff Barriers to Trade
Rules on Market Access: An Introduction · An overview of the Tariff Barriers to Trade in Goods · Tariff v. Quantitative Restrictions · Tariff bindings under Article II of GATT 1994 · Tariff as a preferred tool for regulation of trade in goods over quantitative restrictions · General Elimination of quantitative restrictions under Article XI of GATT 1994 · Exceptions to the Rule in Article XI · Other exception of the Rule · An overview of the Non-Tariff Barriers to Trade · Introduction: The Agreement on Technical Barriers to Trade (TBT) · Difference between WTO-TBT Agreement and Tokyo- TBT Agreement · Structure and Scope of the Agreement on Technical Barriers to Trade · Principles incorporated under the Agreement on Technical Barriers to Trade · Introduction: The Agreement on Sanitary and Phytosanitary (SPS) Measures · Structure and Scope of the Agreement on Sanitary and Phytosanitary Measures · Principles incorporated under the Agreement on Sanitary and Phytosanitary Measures
Unit VI — Protection of Domestic Industries & WTO
Rules on Unfair Trade: An Introduction · Antidumping Measures under Article VI of GATT 1994 and the Antidumping Agreement · Administration & Regulation of anti-dumping duties · Subsidies and Countervailing Duties under Article VI and XVI of GATT 1994 and Agreement on Subsidies and Countervailing Measures · Administration & Regulation of Subsidies & CVDs
Unit VII — Cross-cutting Issues in International Trade and Outcomes of the Ministerial
Conferences 2022, 2024 & 2026 · Trade and Environment · Sustainable Development · Environmental Measures and MTAs · WTO provisions with respect to Environment · Disputes related to Trade and Environment · CTE / Eco labels / Technical Assistance · Trade and Human Rights · WTO framework with respect to Human Rights Measures · Public Moral / Protection of human, animal or plant life or health, Measures relating to prison labours / conservation of exhaustible resources · Women and Trade · Buenos Aires Declaration on Trade and Women's Economic Empowerment · Informal Working Group on Trade and Gender · Twelfth WTO Ministerial Conference, Geneva 2022 Outcomes · Ministerial Decision on World Food Programme (WFP) · Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics · An Agreement on Fisheries Subsidies · Thirteenth WTO Ministerial Conference, Abu Dhabi 2024 Outcomes · Accessions (Comoros and Timor-Leste) · Draft Ministerial Decision on Dispute Settlement Reform Fourteenth WTO Ministerial Conference, Yaoundé, Cameroon 2026 Outcomes · E-commerce Moratorium, Fisheries Subsidies and Investment Facilitation