Daniel C.K. Chow - International Trade Law: Problems, Cases, and Materials

International Trade Law

EDITORIAL ADVISORS

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

Faculty Director, Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Distinguished Professor of Law

Raymond Pryke Professor of First Amendment Law

University of California, Irvine School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Stanford Law School

Faculty Co-Director

Stanford Criminal Justice Center

ASPEN CASEBOOK SERIES

InternationalTradeLaw

Problems, Cases, and Materials

Third Edition

Daniel C.K. Chow

Frank E. and Virginia H. Bazler Chair in Business Law

The Ohio State University Michael E. Moritz College of Law

Thomas J. Schoenbaum

Research Professor of Law

George Washington University, Washington, DC

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Library of Congress Cataloging-in-Publication Data

Names: Chow, Daniel C. K., author. | Schoenbaum, Thomas J., author.

Title: International trade law : problems, cases, and materials / Daniel C.K. Chow (Frank E. and Virginia H. Bazler Chair in Business Law, the Ohio State University, Michael E. Moritz College of Law), Thomas J. Schoenbaum, research professor of law, George Washington University, Washington, DC).

Description: Third edition. | New York : Wolters Kluwer, 2017. | Series: Aspen casebook series | Includes index.

Identifiers: LCCN 2016051223 | eISBN: 978-1-4548-8727-0

Subjects: LCSH: Foreign trade regulation United States Cases. | Foreign trade regulationCases. | Foreign trade regulation United States Problems, exercises, etc. | Foreign trade regulation Problems, exercises, etc. | LCGFT: Casebooks.

Classification: LCC KF1976 .C455 2016 | DDC 343.7308/7 dc23

LC record available at https://lccn.loc.gov/2016051223

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To my wife Ching and our son Alan.

DC

To three inspirational teachers and scholars of this subject: John H. Jackson, Eric Stein, and Mitsuo Matsushita.

TJS

Summary of Contents

Contents

Notes and Questions

Notes and Questions

Problem 3-4

Certain Measures Concerning Periodicals

Problem 5-14

Problem 6-6

Notes and Questions

Consumers Union of the United States, Inc. v. Kissinger

10 Unfair Trade Remedies: Anti-Dumping and Countervailing Duties

3. General Framework

Problem 11-9

B. Geographical Indications

3. Who Will Receive the Item?

Preface to the Third Edition

This third edition of our book, International Trade Law: Problems, Cases and Materials, is published at a time when international trade and investment are under attack from virtually all quarters. The Doha Development Agenda, begun with great fanfare by the World Trade Organization in 2001, has died a slow, ignominious death, although WTO members refuse to bury its corpse. In the United States, both major candidates for President have attacked international trade, and the Republican Party, which historically has supported new trade deals, seemingly has reversed course to become anti-trade.

To the uninitiated observer, these developments might seem to make a course in international trade law superfluous; but this is not the case. On the contrary, knowledge of the economics and rules of international trade are more important than ever. The importance of international trade continues to grow: in 2015, merchandise trade constituted 45 percent of world GDP. In the United States, exports of goods and services constitute 14 percent of U.S. GDP, while international trade as a whole amounts to 21.2 percent of the U.S. economy. Thus, there is great need to understand the specifics of the international trade debate and to move past the generalized attacks on trade by politicians. This may only be accomplished by studying the technical legal and economic rules and principles of international trade. We present this book as a handy means to this end.

We acknowledge, however, that International Trade Law is in transition. While the rules of the global, multilateral trading system are still primary, there is a distinct movement toward concluding regional and preferential trade deals to supplement and enhance the global rules. To this end, the United States and eleven Pacific Rim nations have negotiated the Trans-Pacific Partnership Agreement (TPP), which comprises over 45 percent of world GDP. The United States and the European Union are negotiating an even more comprehensive trade deal, the Trans-Atlantic Trade and Investment Partnership (TTIP). At this writing the fate of these new blockbuster trade agreements is uncertain; but this book expands coverage of these regional and preferential trade deals, which may in the future eclipse the global trade rules in certain key areas of law.