一篇题为《international trade regulation》的英文文章
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一篇题为《international trade regulation》的英文文章
一篇题为《international trade regulation》的英文文章
一篇题为《international trade regulation》的英文文章
COURSE DESCRIPTION
This course will address some of the issues associated with the governmental regulation of international trade, through a problem oriented approach. At least two regulatory systems will be considered in almost every problem, one being the regulatory regime embodied in the domestic law of the country of import or export, and the other being the system of international agreements (such as WTO/GATT and NAFTA) that are intended to limit the actions which may be taken by individual governments. The impact of "globalization" within this framework will also be considered.
Three major areas will be explored (1) tariffs and non-tariff barriers to trade, (2) domestic responses to import competition, and (3) trade regulation and international economic relations. These are topics which potentially concern any business dealing internationally, from global multinational corporations to small start-up ventures desiring to expand abroad.
The laws regulating international trade build upon concepts and principles which are studied in greater detail in a broad number of other courses, such as Administrative Law, Antitrust, Comparative Law, Conflicts, International Arbitration/Dispute Resolution, and International Law. While none of these are required as prerequisites, students may find it helpful to consult the standard treatises as questions arise, particularly in International Law and International Economic Law. Additionally, International Trade Regulation and International Business Transactions should be regarded as complimentary course offerings. Although it is sometimes difficult to separate "public" and "private" law issues when dealing with international business, generally speaking this course focuses upon public (governmental) control of trade, whereas International Business Transactions emphasizes the issues associated with putting international transactions together. Thus, while "Trade Reg" and "IBT" are related offerings, neither course is a prerequisite for the other.
COURSE REQUIREMENTS
Text and Required Materials
Folsom, Gordon & Spanogle, International Business Transactions: A Problem Oriented Coursebook, (Seventh Edition, 2004) and the accompanying 2004 Documents Supplement are required. Additional material will be distributed via links in this syllabus or in handouts distributed at various times during the semester.
There is also a wealth of additional useful material available on the Internet - with a number of links specifically provided in this syllabus. While no other materials are necessary or required for the course, those who would like an additional secondary text might want to consider Jerold A. Friedland, Understanding International Business and Financial Transactions (2002).
Moreover, you will find that all the major news media will run stories concerning the issues addressed in this course on a weekly, if not daily, basis. Following these stories will provide added background and context for many of the topics we will be considering.
While we will not be specifically using these materials in class, those interested in the broader general debates over "globalization" may wish to read some of the current literature on this increasingly popular topic, including Thomas L. Friedman's The Lexus and the Olive Tree; Harold James' The End of Globalization : Lessons from the Great Depression; or Amartya Sen's Development As Freedom, for example.
Scheduled Class Times
The class will meet from 3:00 p.m. to 4:20 p.m. on Tuesdays and Thursdays. In accordance with the College of Law Attendance Policy, failure to attend 80% of the scheduled classes (i.e. six or more absences for any reason) will result in automatic exclusion from the examination and loss of all credit for the course.
Please arrive on time. The class roll will be the "official" record of your presence or absence. Late arrivals may be treated as an "absence" and/or result in an an adverse "Classroom Participation" grade.
Cell Phones, Pagers, and Similar Devices
Please do not allow your cellular phones, pagers, palm pilots, or other devices to ring during class. If an anticipated emergency situation requires that you must be able to be contacted during class, let me know in advance, ensure that your phone or other device is silent, and leave the classroom to respond to the call. Also, refrain using the Internet or other network tools during class unless directed to do so.
Classroom Participation
Each class will be revolve around a hypothetical Problem from the Text, and its associated materials. Your participation in the classroom discussion and analysis of these Problems is important, and required. If you feel uniquely disadvantaged by a grading system which takes class participation into account, please discuss this with me before the end of the add/drop period.
We will ordinarily use two to three class periods to examine each Problem, but some Problems may be addressed in fewer classes. Additionally, the short introductory sections which the text also labels as "Problems" (i.e. 6.0, 7.0, 8.0) should be combined with whatever Problem follows them in the text, and treated as a single reading assignment. Please endeavor to stay at least one Problem ahead of the classroom discussion at all times.
Electronic Mailing List
The International Trade Regulation "blog" tool we tried is not working satisfactorily, and I will discontinue using it immediately. Instead I've created an "International Trade Regulation" course page on the Westlaw TWEN service. We'll use the Trade Discussion threaded email discussion forum on that course page to continue the discussion about the issues raised in the course outside of class.
In order to access the TWEN course page you need to go to http://lawschool.westlaw.com/, and click on the button labeled "TWEN". Then enter your password, and follow the on-screen instructions to add "International Trade Regulation" to your TWEN home page.
In addition to using the TWEN Trade Discussion forum for discussion of the issues raised during the course, we have an email distribution list ([email protected]) that may also be used for administrative notices, changes in reading assignments, cancellations, etc.
You are deemed fully "on notice" of any administrative messages sent to the email distribution list under the College of Law Student Responsibilities Policy, so be sure to check your email frequently!
Grading
The grade in this course will be based upon both classroom participation and an examination.
Your participation in the classroom will be graded as a "check ", "check +", or "check -". Strong, high quality, sustained participation in the classroom will receive a "check +", and raise the final grade by one quarter of one point (e.g. raising a 3.0 to 3.25). A failure to meaningfully contribute to the classroom discussions will receive a "check -", and lower the final grade by one quarter of one point (e.g. lowering a 3.0 to 2.75). Average participation will receive a "check " and neither raise nor lower the final grade.
Participation in the online discussion list is handled differently than classroom participation. Strong participation in the discussion list will be considered as if it were classroom participation for purposes of determining whether a you are entitled to a "check +" for participation credit. However, your level of usage of the discussion list will not adversely affect your participation credit.
The examination is scheduled to take three hours, and will be a mix of objective and essay questions. It will be an open book examination, and you will be permitted to bring your Text and Document Supplement with you to the exam, as well as handouts and any materials that you prepare, but no other commercial outlines or materials. You are encouraged to annotate your Text and Document Supplement as we proceed through the course, but please do not abuse this privilege by attempting the wholesale incorporation of commercial or other outlines into your materials.
Note that, under the current College of Law policy regarding the Use of Computers on Examinations, if you intend to use your computer to take the exam you must use a special word processing program during the examination. As this program essentially locks you out of all computer functions other than a simple word processor used for your responses to the exam questions, you will need to print out your course outline in advance and bring it with you to the examination. Otherwise, the program will prevent you from accessing the material on your computer during the exam itself.
Computerized Self-Assessment and Sample Examination
A computerized version of a previous final examination, with answers, is available for you to use as a study aid. Please note that this is only an aid and not a substitute for the current course materials. As an exam from 1999 the course coverage is not identical to what we will cover this year, and the answers have not been updated to reflect current law.
This online tool will run in your web browser, but it requires that the browser be version 4.0 or higher. If you need to update your browser, follow these links for either Netscape or Explorer. Additionally, when you are running the Self Assessment tool, remember that the pop-up windows may be resized and moved to make them easier to read! Click here to launch the Computerized Self-Assesment and Sample Examination.
Office Hours
I have an "open door policy." Please come by whenever you have questions, no appointments are necessary. However, try to avoid coming by immediately before class if possible, as Professors do last minute class prep just like students!
I am usually in my office Monday through Friday from 9:00 to 5:00, except when I am in class (11:00 a.m. -- 11:50 a.m., Tuesdays, Wednesdays, and Fridays: and 3:00 p.m. -- 4:20 p.m. Tuesdays and Thursdays).
Additionally, feel free to call or use e-mail if you are unable to come by in person.
Also remember that (once it is established) you can use the online discussion list to ask questions of your own, and to answer questions posed by others.
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