THE COLLEGE OF THE BAHAMAS LL.B. Programme and Centre for Continuing Education & Extension Services

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1 THE COLLEGE OF THE BAHAMAS LL.B. Programme and Centre for Continuing Education & Extension Services LL.B. Programme Moss Road Oakes Field Campus Nassau, New Providence, The Bahamas INTRODUCTION TO THE LAW AND POLICY OF THE WORLD TRADE ORGANIZATION Credits: 2 continuing education credits Instructors: Assistant Professor Lisa Benjamin Office Telephone: Secretary Telephone: Fax Number: Address: lrb1973@yahoo.co.uk Semester: July Office Location: COB/UWI LL.B. Programme, Moss Road Office Hours: By appointment, COURSE DESCRIPTION This course provides an introductory overview of various areas of the institutional structure, law and policy of the World Trade Organization, with a focus on the role of trade in development and Bahamian trade legislation. MAJOR AIMS The primary aims of this course are to: 1. introduce students to the principles and practices of the World Trade Organization. 2. to introduce students to the legislative and dispute resolution processes of the World Trade Organization;

2 3. introduce students to the provisions of a select number of World Trade Organization agreements and existing Bahamian and regional trade legislation and institutions; and 4. enhance students technical knowledge of the World Trade Organization and the role of small island developing states within the organization. COURSE OBJECTIVES Upon successful completion of this course students will be able to: 1. discuss the history of the World Trade Organization; 2. examine the institutional structure and functions of the World Trade Organization; 3. discuss the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Understanding on Rules and Procedures Governing the Settlement of Disputes, the Agreement on the Application of Sanitary and Phytosanitary Measures, and the Agreement on Technical Barriers to Trade; 4. discuss the World Trade Organization s dispute settlement procedures and selected decisions; 5. examine cross-cutting issues such as the relationship of trade and the environment, and access by developing countries, in particular small island states, to the dispute settlement mechanism. ASSESSMENT Students will be required to attend the four sessions and complete one written assignment of 4,000 to 6,000 words. Assignment topics for the four components will be made available, so students can choose one of the four topics to write their paper on. Written paper 100% Total 100% REQUIRED TEXT: Resource readings to be provided on the course website: through a reading list for each of the four Components of the course. Students must have access to the internet to access the resource materials online. 2

3 SUPPLEMENTARY READINGS To be provided on the course website: WTO agreements like the GATT and GATS can be found on the WTO website at: WTO dispute cases can be found either on the course website or on the WTO website at: WEBSITES Course website: World Trade Organization website: Course schedule Date and class 6 th July 9am-12pm Components Assessment topic DUE DATES Component I Assessment topic for Component I due 30 th August A. The History of the World Trade Organization i.) ii.) WWI, the interwar period and post- WWII the Bretton Woods Conference; The International Trade Organization, Havana Charter and the 1947 GATT; iii.) Overview of subsequent trade rounds; iv.) The Uruguay Round and establishment of the World Trade Organization; v.) The philosophy of the WTO; vi.) The WTO Agreement and the covered agreements Annex 1A-1C; vii.) The Plurilateral Agreements Annex The General Agreement on Trade and Tariffs of the World Trade Organization has a long history. The founding principles of national treatment and most favoured nation do not allow member states to change their tariffs on goods once they have bound them in their 30 th August 3

4 4; viii.) The Doha Development Round a round for developing countries? Schedules of Concessions. Discuss. B. The Functions and Institutional Structure of the World Trade Organization i.) The WTO as a single undertaking Article II.2 and the Brazil-Desiccated Coconut decision; ii.) Structure of the WTO: a. the Ministerial Council; b.the General Council, the Dispute Settlement Body and Trade Policy Review Mechanism; c.councils and Committees; d.membership accession by developing countries; e. Amendments, Interpretations and Waivers to Agreements; iii.) The Functions of the WTO: a. to facilitate implementation, administration and operation, and further the objectives of, the WTO Agreement and the multilateral trade agreements; b. forum for negotiations; c. administers the dispute settlement and trade policy review mechanism; d. status of WTO and relationships with other international institutions. C. The General Agreement on Tariffs and Trade i.) Provisions of GATT 1947 and GATT 1994; ii.) Tariffs and quantitative restrictions (quotas); iii.) Most favoured nation principle; iv.) National treatment principle; v.) What are like products? vi.) Cases: 4

5 a. Chile Price Band System and Safeguard Measures Relation to Certain Agricultural Products; b. Japan Taxes on Alcoholic Beverages; c. Korea Measures Affecting Imports of Fresh, Chilled and Frozen Beef; d. Dominican Republic Measures Affecting the Importation and Internal Sale of Cigarettes; e. EC- Measures Affecting the Prohibition of Asbestos and Asbestos Products. vii.) Schedules of Concessions and how to interpret them; viii.) Cases: a. EC-Computer Equipment; b. EC-Customs Classification of Frozen Boneless Chicken Cuts ix.) The White Paper on Value Added Tax in The Bahamas. 13 th July 9am-12pm Component II A. The General Agreement on Trade in Services i.) Overview of provisions of GATS; ii.) Modes of supply of services; iii.) General obligations and specific obligations; iv.) Schedules of services and exceptions; v.) Cases: a. Mexico Measures Affecting Assessment topic for Component I due 30 th August The Article XX exceptions under GATT provide sufficient flexibility to member states to set their own national policies for the protection of health and the environment. 30 th August 5

6 Telecommunications Services; b. United States Measures Affecting Cross-Border Supply of Gambling and Betting Services. Discuss B. General exceptions to the GATT and GATS i.) ii.) iii.) Article XX of the GATT; Article XIV of the GATS; Cases: a. Tuna/Dolphin I; b. US-Shrimp; c. Korea- Measures Affecting Imports of Fresh, Chilled and Frozen Beef; d. US-Gasoline; e. EC- Measures Affecting the Prohibition of Asbestos and Asbestos Products; f. Brazil-Retreaded Tyres. 20 th July 9am-12pm Component III A. The Dispute Settlement Understanding i.) Origins Articles XXII and XXIII of GATT 1947; ii.) The basic provisions of the Rules and Procedures Governing the Settlement of Disputes (or DSU Agreement) its integrative function; iii.) Process issues consultations, timetables and establishment of a panel; iv.) The Dispute Settlement Body; Assessment topic for Component III due 30 th August The dispute settlement system of the World Trade Organization has been described as the jewel in the crown of the organization. Despite its considerable strengths, some developing states struggle to employ it to their advantage. Discuss. 30 th August 6

7 v.) The Appellate Body; vi.) Cases: a. Japan Taxes on Alcoholic Beverages; b. Mexico Soft Drinks; c. United States Anti- Dumping Measures on Shrimp from Ecuador; e. US-Wool Shirts and Blouses; f. US-Section 301 Trade Act. vii.) Compliance mechanisms Article 21.5 and available remedies; viii.) Cases: a. Arbitrator EC-Hormones case; b. Arbitrator US-Gambling case; c. Arbitrator Korea-Alcoholic Beverages. ix). Concessions for developing countries. 27 th July 9am-12pm Component IV Assessment topic for Component IV due 30 th August 30 th August 7

8 A. The Agreement on Technical Barriers to Trade i.) Article III GATT 1994; ii.) Overview of the Agreement on Technical Barriers to Trade; iii.) Technical regulations; iv.) Standards; v.) Conformity Assessment Procedures; vi.) Cases: a. European Communities Measures Affecting the Prohibition of Asbestos and Asbestos Products; b. European Communities Trade Description of Sardines. B. The Agreement on Sanitary and Phytosanitary Measures Both the Agreement on Technical Barriers to Trade and the Agreement on Sanitary and Phytosanitary Measures provide for uniform rules to facilitate trade and prevent discriminatory treatment, while allowing member states to protect the health of their populations, livestock and agriculture. Discuss. i.) Article XX(b); ii.) Overview of the Agreement on Sanitary and Phytosanitary Measures; iii.) Risk assessment; iv.) The Precautionary Principle; v.) Cases: a. European Communities Measures Affecting Meat and Meat Products (Hormones); b. Japan-Apples. vi.) Draft Bahamian legislation: Animal Health and Production Bill, Plant Protection Bill, Food Safety and Quality Bill. C. Trade and Development where do developing countries stand? i.)concessions in the WTO Agreements for developing countries; ii.)the Sutherland Report; iii.) The Oxfam Report Rigged Rules and Trading Standards; iv.) The issue of subsidies on 8

9 agriculture and textiles; v.)a closer look at the Doha Development Round; vi.)the position of small island states and trade: a. the Lomé and Contonou Agreements; b. the European Communities Regime for the Importation, Sale and Distribution of Bananas the erosion of colonial preferences; c. United States Measures Affecting the Cross-Border Supply of Gambling and Betting Services; d. the Committee on Trade and the Environment. Biography of Instructor Lisa Benjamin completed her B.A. at McGill University, her LL.B. at University College London, and her LL.M., with a specialization in law and development, at University of London. She is a qualified solicitor in England and Wales and barrister in The Bahamas, having practiced commercial law in both jurisdictions. She has over 10 years experience in the law, and teaches International Trade Law, Company Law, Environmental Law and Intellectual Property Law. Her specializations include small island developing states in environmental law, including climate change, and trade and the environment. She has published in these areas, has contributed to the Second National Communication of The Bahamas to the United Nations Framework Convention on Climate Change, and is currently a national legal expert for a CARICOM project on trade and the environment. 9