INTERNATIONAL TRADE LAW AND REGULATION

GEORGE MASON SCHOOL OF LAW

Syllabus: Course Outline and Other Information

Spring 2017

Daniel B. Pickard
Adjunct Professor

Robert E. DeFrancesco
Adjunct Professor

Wiley Rein LLP

1776 K Street, N.W.
Washington, D.C. 20006

202-719-7000

dpickard@wileyrein.com

rdefrancesco@wileyrein.com
 COURSE OUTLINE AND OTHER INFORMATION

I. COURSE REQUIREMENTS

A. Examinations and/or Papers

Students have the option of either taking a final examination or writing a 25-
page paper. The proposed final exam will be a three hour timed open book
exam. There will be four questions covering topics discussed in class. Students
must choose three of the four exam questions to answer. If the format of the
final exam changes the professor will notify the students prior to the exam.

If students choose the paper option they are responsible for notifying the
professor in writing by February 6. A topic and/or thesis statement is
required to be submitted for approval.

If students select the paper option, an outline should be submitted by

February 20. The outline should include a preliminary statement of your
intended thesis or approach, the sources you plan to consult, and a preliminary
plan for organizing the paper.

Deadline to submit first draft of paper: April 5

Completed papers must include complete citations in proper

Bluebook form.

All citations should be in footnote form, not endnote form. The paper must be
formatted as follows: 1 inch margins; double line spacing; and 12 pt.
typeface. A table of contents must also be included.

The paper should reflect careful legal research using a variety of sources.
Your paper should show that you studied the relevant authorities and
appreciate the differences between them. Your research should not be limited
to legal authorities (e.g., case law and statutes), but should include law review
articles and legal treatises. Your research should show that you have
consulted a broad range of resources.

The paper should articulate a thesis on an international trade law issue and
develop it. Your paper must demonstrate critical and novel analysis. (Critical
legal analysis is important: for example, it is not enough to simply recite
historical or factual events or to restate the opinion set forth in a case.) The
paper should demonstrate why you believe that the topic that you have chosen
is important and interesting and should reflect good writing and careful

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 editing. In particular, the paper should be organized in a logical manner that
complements your theme. The paper should make good use of road maps,
topic sentences and transitions to guide the reader. Your writing should show
a command of the standard rules of grammar, a clear style, and the polish that
comes from thoughtful rewriting. Failure to meet any of the deadlines
connected with the paper option (in the absence of prior approval by the
professor) will result in the student being required to take the final
examination.

B. Additional Requirements

1) Reading assignments: All students must complete the reading assignments

in the course materials.

2) Meaningful class participation is highly encouraged, and the professor may

factor class participation into the final course grade.

C. Important Dates

February 6 deadline for choosing paper option and topic

February 20 deadline for paper outline
March 13 March 19 Spring recess
April 5 deadline for paper draft
May 1 Last Class - Spring semester classes end
TBA final examination and due date for papers

D. Textbook

The Course Materials will be the primary source of assigned readings and will be
made available on the first day of class. There is no other required text.

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 II. SYLLABUS All reading is required unless otherwise noted.

A. THE INTERNATIONAL TRADING SYSTEM

Dates Topics

January 18 Introduction Historical Context

Assigned Reading: No Reading Assigned

January 23 Free Trade Theory and the GATT

Assigned Reading: General Agreement on Tariffs and
Trade
Available at: www.wto.org
Focus: Articles I, II, III, and XI

January 25 Adjudicatory Foundations of Free Trade

First Pillar
Assigned Reading: Dispute Settlement Understanding
Available at:
https://www.wto.org/english/tratop_e/dispu_e/dsu_e.htm

January 30 The Four Legal Pillars of International Trade

First Pillar
Assigned Reading: Report of Appellate Body (AB-2000-
2) in Canada Certain Measures Affecting the
Automotive Industry
Available at: wto.org
Focus: pp. 22-27

Assigned Reading: Report of Panel - Indonesia-Certain

Measures Affecting the Automobile Industry
Available at: wto.org
Focus: pp 353-358

February 1 The Four Legal Pillars of Free Trade

Second Pillar and Third Pillars
Assigned Reading: Report of the Panel - Japan - Taxes
on Alcoholic Beverages
Available at: wto.org
Focus: pp. 105 -115

Japan Report of Appellate Body in Taxes on Alcoholic

Beverages (AB-1996-2)

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 Available at: wto.org
Focus: pp. 16 - 31

February 6 The Four Legal Pillars of Free Trade

Fourth Pillar
Assigned Reading: Report of the Panel in United States
Restrictions on Imports of Tuna
Available at: wto.org
Focus: pp. 44 - 64

February 8 The Environment

Assigned Reading: Report of the Appellate Body in
United States Import Prohibitions of Certain Shrimp
and Shrimp Products (AB-1998-4)
Available at: wto.org
Focus: pp. 41 -64

February 13 Free Trade Agreements

Assigned Reading: Tab 1 Supplemental Material

February 15 Current Issues in International Trade Law

No Reading Assigned

February 20 Special and Differential Treatment

Assigned Reading: Tab 2 Supplemental Material

February 22 Customs Law

Assigned Reading: Toy Biz v. US, Slip Op. 03-2
Available at:
http://www.cit.uscourts.gov/SlipOpinions/index.html

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B. U.S. TRADE REMEDY LAWS

Dates Topics

February 27 Remedies Against Unfair Trade:

Overview of Antidumping Cases
Assigned Reading: WTO Antidumping Agreement
Available at:
https://www.wto.org/english/tratop_e/adp_e/adp_e.htm

March 1 Dumping Calculations

Assigned Reading: Outboard Motors Case
Available at: Supplemental Materials at Tab 3

March 6 Countervailing Duty Law

Assigned Reading: OCTG Case
Available at: Supplemental Materials at Tab 4

March 8: China Specific Issues

Assigned Reading: Chapter 10 AD Manual and China
Accession Agreement
Available at: Supplemental Materials at Tab 5

March 13 Spring Break

March 15 Spring Break

March 20 Injury and Causation

Assigned Reading: Diamond Sawblades Case
Available at: Supplemental Materials at Tab 6

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March 22 Judicial Review of Trade Remedy Cases
Assigned Reading: CAFC Decision 2009-1274
Available at: http://cafc.uscourts.gov/opinions-orders

Assigned Reading: CAFC Decision 2010-1024

Available at:
http://www.cafc.uscourts.gov/sites/default/files/opinions-
orders/10-1024.pdf

March 27: Safeguard Cases

Assigned Reading: Law Review Articles
Available at: Supplemental Materials at Tab 7

March 29: Recent Developments in Trade Remedy Practice/Review

Class
No reading assigned

C. U.S. EXPORT CONTROL LAWS/NATIONAL SECURITY ISSUES

Dates Topic

April 3 Bureau of Industry and Security and the

Export Administration Regulations

Assigned Reading: EAR

Available at: Supplemental Materials at
Tab 8

April 5 Office of Foreign Assets Controls

Assigned Reading: Trade Controls

Available at: Supplemental Materials at
Tab 9

April 10 Directorate of Defense Trade Controls and the

International Traffic in Arms Regulations

Assigned Reading: ITAR PowerPoint

Available at: Supplemental Materials at
Tab 10

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April 12 Committee on Foreign Investment in the
United States (CFIUS) and the Defense
Security Service (DSS)

Assigned Reading: CFIUS Regulations

Available at:
https://www.treasury.gov/resource-
center/international/foreign-
investment/Pages/cfius-regulations.aspx

April 17 Foreign Corrupt Practices Act

Assigned Reading: US v. Kay

Available at: 359 F.3d 738 (5th Cir. 2004)

April 19 Export Control Reform/Current

Developments

No reading assigned

April 24 Class Cancelled (Make Up Class if

Necessary)

April 26 Internal Investigations and Compliance Issues

No reading assigned

May 1 Review/ Prep for Exam

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