Curriculum Guide · Courses

Professor TBA

J.D. Course 244 (cross-listed) | 3 credit hours

In 1995, the World Trade Organization (WTO) was established as a result of the Uruguay Round Trade Negotiations (1986-94). The treaty rules that came into force provide a very complex legal framework for international economic relations. This legal framework is analyzed in this course in relation to national government constitutional and legal rules and processes, particularly that of the United States. The course explores questions regarding the Executive-Congressional relationship in the United States, the process of formulation and adoption of United States trade legislation, the fundamental law of the Bretton Woods System involving GATT and the WTO, along with other results of the Uruguay Round negotiation. The course takes up various regulatory 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, national treatment clauses and exceptions for environmental and other policies, escape clauses 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), and other topics. The goal of the course is to give a rounded and in depth understanding of the international trade rule system and of the interplay between national and international rules as they affect government actions that influence private international transactions.

The WTO system with its now proven and sophisticated dispute settlement system, is becoming something of a model for other international agencies to consider and adapt to different circumstances. In addition, the extensive WTO jurisprudence (from DS decisions) providing approximately 60,000 pages of reasoned opinions which are influencing the activities and decisions of general international law. In particular they are discussed and considered as possible approaches to other international regulatory activities such as those concerning financial services and the world financial crisis, as well as new or changing international economic organizations. Although not a formal prerequisite for this course, it is strongly recommended that a student enrolling in this course will have already had or are concurrently taking the subject of public international law.

Students may find additional information about this course at the Georgetown Law Courseware site for this course. Recent course syllabi and course supplementary materials help illustrate the nature of the course. In addition, the website for IIEL.org which contains information about the Georgetown Institute for International Economic Law also contains materials (look for “materials for teachers”) which explains the course subject matter and provides a short overview of the goals and educational philosophy of the course. 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.

Prerequisite: Prior or concurrent enrollment in International Law I or equivalent.

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.

Priority for enrollment is given to students enrolled in the Global Law Scholars program.