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Introduction to International Trade Law

Aug 6, 2024

Introduction to International Trade and International Trade Law

Overview

  • First lesson in a series on International Trade and International Trade Law.
  • Focuses on the World Trade Organization (WTO).
  • Relationship between international trade and other trade laws, including elements from European Union law.

Understanding International Trade Law

  • International trade law is primarily associated with WTO law.
  • WTO is central to discussions around international trade.
  • Other elements of international trade law exist but WTO law dominates.
  • International trade law is embedded in the broader framework of public international law.

Public vs. Private International Law

  • Public International Law: Concerns the relationships between states.
  • Private International Law: Focuses on jurisdictional elements and laws of domestic systems (conflict of laws).

International Economic Law

  • International trade and economic law are part of public international law.
  • International economic law regulates interstate economic activity.
  • It encompasses public international law and potentially elements of international commercial law.

Importance of Regulation in International Trade

  • International trade constitutes a significant proportion of the global economy.
  • There is increased globalization and integration of markets and economies.
  • Theoretical foundation includes concepts of absolute and comparative advantage (Adam Smith, David Ricardo).

Series Scope

  • Focus primarily on WTO regulation of international trade.
  • Key topics covered will include:
    1. Theory of World Trade: Introduction to absolute and comparative advantage.
    2. History of International Trade: From the 1947 General Agreement on Tariffs and Trade to the 1995 WTO establishment.
    3. Institutional Framework of the WTO:
      • Structure and organization of the WTO.
      • Dispute settlement procedures (discussed before substantive law).
    4. Non-discrimination in WTO Law:
      • Most Favoured Nation (MFN) treatment.
      • National treatment standard.
    5. Market Access: Regulations and principles regarding market access.
    6. Exceptions to WTO Principles:
      • General exceptions and regional trading arrangements.
      • Enabling clause and emergency exceptions.
    7. Unfair Trading Practices:
      • Regulation of subsidies and dumping.
      • Implementation of anti-subsidization and anti-dumping policies.