International Trade

Question 1

ideology of free trade

Answer 1

promotes understanding, respect, interchange

roots in 18c capitalism

Question 2

two major tenant of international trade law

Answer 2

doctrine of national treatment -central principle - cannot discriminate between your nationals and foreign nationals on manufacture, distribution or sale of “like” products

Doctrine of most favored nation - aspirational - treat your best friend nation the same as everyone else

Question 3

Challenges to free trade

Answer 3

• economic - tension between maximizing profits and burden on common good
• emotional - protectionism

Question 4

two kinds of protectionism

Answer 4

tariffs - customs duty, tax, fine at border

non-tariff barriers - quotas on foreign products, domestic subsidies, process-based concern

Question 5

principles of free trade

Answer 5

transparency - need to explain why product is banned and how to conform

skepticism of unilateralism - addressed through treaties

imperfection - trend towards fewer barrier

Question 6

responses to the centering of trade

Answer 6

• customs unions - harmonize economies

- free trade zones - concerted effort to lower trade barriers

Question 7

Defenses to breach of GATT

Answer 7

environment, human health, national security

Question 8

Remedies to breaches of international trade

Answer 8

• specific performance - remove/amend measure

- retaliation - if state does not change laws, adopt domestic legislation that has similar impact on offending state

Question 9

Dispute settlement under Ch 11 NAFTA

Answer 9

specific settlements for specific infractions

Question 10

Steps of dispute settlement under Ch 20 NAFTA

Answer 10

• state demands consultation
• if that doesn’t work, then meeting of NAFTA commission
• if that doesn’t work, request arbitration - creates report
• implement final report
• if no compliance then retaliation

Question 11

Five protections under NAFTA ch 11

Answer 11

1) national treatment
2) most favored nation
3) minimum standard of treatment - fair and equitable treatment under customary international law, no egregious, shocking, outrageous treatment
4) performance requirements
5) ban on expropriation - bans direct or indirect takings, impermissible unless public purpose, due process, non-disc basis, compensate for econ loss

Question 12

Pressure points pushing convergence of common law and civil law

Answer 12

1. growing role of constitutionalization in civil law societies
2. reaction to inaccessibility in common law - codifying, regulating
3. civil law - legislature can’t always keep up with new tech and developments

Question 13

Amparo

Answer 13

like a writ - indiviudal can access court room for judicial review of legislation/government action

Question 14

3 kinds of Amparo

Answer 14

direct - challenges court decision
indirect - challenges official conduct and decisions made by state authority
against a law - constitutionality of a law in the absence of official action