Curriculum Guide · Courses
Professors Hillman and Horlick
J.D. Course 244 | 3 credit hours
In 1995, the World Trade Organization (WTO) was established as a result of the Uruguay Round Trade Negotiations (1986-94). The international trade rules that came into force as a result provide the legal framework for much of international economic relations. This legal framework is analyzed in this course, focusing on the impact of trade agreements, especially the Uruguay Round Agreements, in national legal systems, particularly that of the United States. The course is focused on public international trade law, that is, the trade rules applicable between countries, rather than private international law or commercial contracts between private economic operators, and how that public international law came into being and has been interpreted and applied. The course examines the WTO as an institution and as the base system of rules governing international trade. It will examine in some detail each of the key legal principles and how they operate at both the national and international level, dealing with subjects such as tariffs and tariff negotiations, quotas, most favored nation clauses, regional trading blocs and preferential trade agreements (such as NAFTA, TPP, TTIP, RCEP and others), national treatment clauses and exceptions for environmental and other policies, safeguards and adjustment assistance, dumping, anti-dumping duties, export subsidies, countervailing duties, international rules on patents and copyrights, trade in services (such as banking and tourism), technical barriers to trade, rules on plant and food safety, and other topics. The WTO, with its proven and sophisticated dispute settlement system, now has extensive jurisprudence in most of the areas of law covered by the WTO Agreements. This course will also explore this jurisprudence, the public international law behind it, and implications of it for national governments as well as private actors. The goal of the course is to give a rounded and in depth understanding of the international trade law system and of the interplay between national and international rules as they affect government actions that influence private international transactions. The course will be taught by two distinguished international trade law practitioners who bring to the course extensive experience as trade negotiators, policy makers, litigators, and adjudicators. Jennifer Hillman recently served as a member of the World Trade Organization’s Appellate Body (its highest adjudicatory body), and previously served as a Commissioner at the U.S. International Trade Commission and as the General Counsel at the Office of the United States Trade Representative. Gary Horlick has worked in senior positions in the U.S. Congress, including the Senate Finance Committee, and the Executive Branch (Head of Import Administration at the U.S. Department of Commerce) and has served on and chaired panels of the WTO and the Mercosur, as well as litigated trade cases in the U.S. courts and administrative agencies, and before tribunals of the GATT, WTO and NAFTA. Both have taught international trade law at Georgetown and elsewhere and have written numerous articles on international trade and investment law.
Prerequisite: Prior or concurrent enrollment in International Law I or equivalent. Priority for enrollment is given to students enrolled in the Global Law Scholars program.
Students may not receive credit for both this course and International Law II or International Trade and the WTO or International Trade Law; or the graduate course, International Trade Law and Regulation.