DRAFT June 8, 2012 Schedule Subject to Change

Program on International Organizations, Law and Diplomacy The World Trade Organization (WTO): Rule Making and Dispute Settlement
June 20 July 6, 2012, Geneva, Switzerland American University Washington College of Law Professor Benjamin Leff Through this course we will study the World Trade Organization (WTO) as an institution and explore the WTOs competing roles as a forum for negotiations in the area of international economic relations, as a rule-making body and as a dispute settlement body. We will explore the role of the WTO at a time when the distinction between trade and non-trade issues has been blurred and we are increasingly addressing global issues through the multilateral trading system, such as issues relating to the environment. The course will take place at the WTO and we are privileged to have senior WTO officials with extensive experience and knowledge teaching the group. This program provides a unique opportunity for discussion and interaction with WTO staff. The class will be for 13 sessions followed by a final exam. It is presumed that many if not all the students that take this course will also be taking the WIPO course and therefore the class has been adjusted to reflect those times when participants will be at WIPO for a full day.

Required Reading Materials: (1) Peter Van den Bossche, The Law and Policy of the World Trade Organization, (2nd edition), Cambridge University Press (2008). (Available at Amazon.com and at the AU Bookstore for those in Washington prior to Geneva.) (2) Electronic texts available on the WTO website and/or MyWCL: (a) Understanding the WTO (WTO publications): http://www.wto.org/english/thewto_e/whatis_e/tif_e/understanding_e.pdf (b) WTO Agreements: www.wto.org/english/docs_e/legal_e/final_e.htm (it is very long and you will need it in class - you can choose to look at the text on your computer, but getting a hard copy is recommended. The Legal Texts: The Result of the Uruguay Round of Multilateral Trade Negotiations: WTO publications (http://onlinebookshop.wto.org/shop/article_details.asp?Id_Article=39) or Cambridge University Press (http://www.cambridge.org/gb/knowledge/isbn/item1167259/?site_locale=en_GB) 1

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(c) Additional readings uploaded on MyWCL

SESSION 1 Wednesday, June 20, 2012Introduction Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

1A. 12:30 - 1:25 PM - History and evolution of the WTO and the substantive provisions of the WTO Agreements, including the bindings and plurilateral Agreements. Speaker: Alejandro Jara, Deputy Director General of the WTO

1B. 1:35 PM 2:30 PM (continuation) Speaker: Alejandro Jara, Deputy Director General of the WTO

Readings: Understanding the WTO (WTO website and e-mailed students), Van Den Bossche Chapter 1 pp. 42-72 (Sources of WTO Law, WTO in Context, Summarypage 71-72); Chapter 2 pp. 76-132; 163. (Origins of the WTO, Mandate of the WTO, Membership of the WTO, Institutional Structure of the WTO, summary (page 163-167). Also have available: The Legal Texts.

NO TRADE CLASSES June 21, 22, or 25.

DRAFT June 8, 2012 Schedule Subject to Change

SESSIONS 2 AND 3 Tuesday, June 26, 2012Trade in Goods Venue: Conference Room at Hotel Mon Repos (131 Rue de Lausanne)

2A. 9:00 9:55 GATT 1994 and the Annex 1A Agreements. The General Agreement on Tariffs and Trade (trade in goods) (GATT) Speaker: Clemens Boonekamp, former Director Agriculture and Commodities Division, WTO

2B. 10:05 11:00 Trade in Agriculture Speaker: Clemens Boonekamp, former Director Agriculture and Commodities Division, WTO

3A. 11:30 -12:25 Sanitary and Phytosanitary Measures (SPS) Speaker: Lee Anne Jackson, Sanitary and Phytosanitary Measures, Trade in Agriculture Division, WTO

3B. 12:35 13:20 Climate Change and the WTO Speaker: Doaa Abdel Motaal, Office of the Director General, WTO

DRAFT June 8, 2012 Schedule Subject to Change

SESSIONS 4 and 5 Wednesday, June 27, 2012Trade Remedies and Safeguard Regimes & GATS Venue: Conference Room at Hotel Mon Repos (131 Rue de Lausanne)

4A. 9:00 - 9:55 Trade remedies Speaker: Jesse Kreier, Rules Division, WTO

4B. 10:05 11:00 State Trading Enterprises; State Owned Enterprises; Trade related investment Measures (TRIMS) Speaker: Judith Czako, Rules Division, WTO

Readings: Van Den Bossche, Chapter 6 pp. 507-605 (rules on unfair trade). Also have available: Annex 1A to the WTO Agreements (Multilateral Agreement on Trade in GoodsGATT). Overview of the General Agreement on Trade in Services (GATS) (Part I).

5A. 11:30-12:25pm GATS Speaker: Mireille Cossy, Counsellor, Trade in Services Division, WTO

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5B. 12:35-13:20pm GATS (continued) Speaker: Mireille Cossy, Counsellor, Trade in Services Division, WTO

Readings: Van Den Bossche, pp. 334-342 (MFN); pp. 390-392 (national treatment); pp. 476-493 (Barriers to trade in services); and pp. 652-662 (General Exceptions under the GATS). Also have available: Annex 1B to the WTO Agreements (General Agreement on Trade in Services).

SESSIONS 6 AND 7 Thursday, June 28, 2012GATS Part II (Financial Services) /TRIPS and Accession Venue: Conference Room at Hotel Mon Repos (131 Rue de Lausanne)

6A. 9:00 9:55 GATS (Financial Services) Speaker: Juan Marchetti, Counsellor, Trade in Services Division, WTO

6B. 10:05 11:00 TRIPS Speaker: Antony Taubman, Intellectual Property Division

Reading: Van Den Bossche, pp. 741-802 (the TRIPS Agreement) 5

DRAFT June 8, 2012 Schedule Subject to Change

Also have available: Annex 1C to the WTO Agreements, Agreement on Trade-Related Aspects of Intellectual Property Rights.

7A. 11:30 - 12:25 Accessions (general) Speaker: Chiedu Osakwe, Director, WTO Accessions Division

7B. 12:35 13:20 Accession (Russia) Speaker: Chiedu Osakwe, Director, WTO Accessions Division

SESSION 8 Friday, June 29, 2012 WTO Dispute Settlement System: Panels Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

8A. 12:30 - 1:25pm WTO Dispute Settlement System: Panels Speaker: Jorge Castro, Legal Affairs Division, WTO

8B. 1:35 -2:30pm (Continued) Speaker: Jorge Castro, Legal Affairs Division, WTO 6

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Reading: Van Den Bossche pp. 169-311 (WTO Dispute Settlement) Also have available: Annex 2 of the WTO Agreements, Understanding on Rules and Procedures Governing the Settlement of Disputes.

SESSION 9 Monday July 2, 2012 Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

9A. 12:30 1:25 WTO Dispute Settlement System-Appellate Body Speaker: Nicolas Lamp, Legal Officer, Appellate Body Secretariat, WTO

9B. 1:35-2:30 Technical Barriers to Trade (TBT; standards) Speaker: Devin McDaniels, Economic Affairs Officer, Trade and Environment Division, WTO

Readings: Understanding the WTO pp. 23-31 (skim; discretionary); Van Den Bossche pp. 321325 (most favored nation); pp. 344-367 (national treatment); and TBT and SPS Agreements (pp. 805-884); General Exceptions under GATT 1994 pp. 617-651. Also have available: The Legal Texts: Annex 1A to the WTO Agreements (Multilateral Agreement on Trade in GoodsGATT). Also available on MyWCL, the Agreement on Agriculture

DRAFT June 8, 2012 Schedule Subject to Change

SESSION 10 Tuesday, July 3, 2012 Trade Policy Review Mechanism: TPRM Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

10 A and B. 1:30- 3:25pm Speaker: Willy Alfaro, Trade Policies Review Division, WTO

Reading: Understanding the WTO, pp. 53-55 (Trade Policy Reviews: ensuring transparency). Roberto Fiorention, Jo-Ann Crawford and Christelle Toqueboeuf: The Landscape of regional trade agreements and WTO surveillance in Multilateralizing Regionalism: Challenges for the Global Trading System, Cambridge University Press (2009). Also have available: Annex 3 of the WTO Agreements (Trade Policy Review Mechanism)

SESSION 11 Wednesday, July 4, 2012Relationship with other organizations and other trade agreements Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

11A. 12:30 1:25pm WTO and other legal systems Coherence with IMF and World Bank Speaker: Gabrielle Marceau, Legal Affairs Division, WTO

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11B. 1:35 2:30pm Coherence with IMF and World Bank Speaker: Marc Auboin, Economic Research and Statistics Division, WTO

SESSION 12 Thursday, July 5, 2012 What does the future hold for the WTO? Future of Doha? Issues of concern to WTO Members Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

12. 12:30-2:20pm Panel with Ambassador Mario Matus, Chilean Ambassador to the WTO Other Ambassador Alejandro Jara, Deputy Director General, WTO

SESSION 13 Friday, July 6, 2012Review, Summary Venue: WTO Headquarters, Room VR2 (Centre William Rappard, 154 Rue de Lausanne)

13. 12:30 2:20pm Professor Leff