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Dedication

Preface

Acknowledgments

Table Of Cases

Part One. Introduction To Free Trade In The Americas

Chapter

1. The Threshold Question: Globalism Versus Regionalism

2. Canada and the United States (Finally) Agree on Free Trade

3. Mexico Joins Canada and the United States in Free Trade

4. Toward Free Trade in the Americas

Part Two. NAFTA

5. Free Trade in Goods

* 5.0 Introduction: Tariffs and Trade

* Problem 5.1 NAFTA Rules of Origin: Customs Conducts Verification Proceedings, Issues Advance Rulings and

Resolves Origin Disputes

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 5.2 Nontariff Trade Barriers and NAFTA: Product Standards and Trader Jane

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 5.3 Media Mogul Encounters the Canadian Cultural Industry Exclusion

Ⅰ. The Setting

Ⅱ. Focus of Consideration

* Problem 5.4 Monopoly State Enterprises: PEMEX and CFE

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

6. Trade in Services

* 6.0 Introduction

* Problem 6.1 Professional Services: A Toronto Lawyer Wishes to Practice in Florida/ Florida Lawyers Wish to Practice and Open Firm Branch In Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 6.2 Cross?Border Transportation Services: Servicios De Monterrey of Mexico (Trucks) and Greenhound of The U.S. (Buses)

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 6.3 Financial Services: Bankwest Plans New Full Service Offices in Canada and Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

7. Foreign Investment

* 7.0 Introduction: The Convergence of Foreign Investment Laws and Resolution of Investment Disputes in the NAFTA Nations

* Problem 7.1 Restrictions on Investment: Photo?Matz of Dallas Expands Its Retail Stores to Canada and Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 7.2 The Settlement of Investment Disputes Under Chapter 11: U.S.?Owned Hazardous Waste Transfer Station and Landfill Operator Prevented From Operating Canadian Facility

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

8. Intellectual Property

* 8.0 Introduction: International Intellectual Property Rights

* Problem 8.1 Gray Market Trading And Trade Secret Misappropriation: Coca?Cola In North America

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 8.2 Compulsory Licensing and Counterfeiting: Pharmaceuticals and NAFTA

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

9. Dispute Settlement

* 9.0 Introduction

* Problem 9.1 Panel Selection and the Code of Conduct: Attorneys as Prospective Panelists

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 9.2 Chapter 19: Dumping Disputes; New England Apples to Mexico?Mexican Peaches to Georgia

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 9.3 Chapter 19: Material Injury and Extraordinary Challenge Proceedings?Apples and Peaches, Part II

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 9.4 Chapter 20 Dispute Procedures: U.S. Tightens the Embargo and Sanctions Canadian and Mexican Firms Doing Business in Cuba

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 9.5 Private Commercial Dispute Settlement: Fungicide Made in Canada and the U.S. and Sold in Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Part Three. The NAFTA Side Agreements

10. Labor

* 10.0 Introduction: The Labor Side Agreement

* Problem 10.1 Labor Organization: Freedom of Association in Mexico and Plant Closings in the United States

- Part A: Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

- Part B: The United States

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 10.2 Discrimination in the Workplace: Farm?Workers in the United States and Pregnancy Discrimination in Mexico

- Part A: The United States

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

- Part B: Mexico

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

11. The Environment

* 11.0 Introduction: The Environmental Side Agreement

* Problem 11.1 Canadian Enforcement: Sport Fishing, Fish Toxicants and First Nations

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 11.2 Mexican Enforcement: Mounting Border Pollution Problems and Scarce Enforcement Resources

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 11.3 U.S. Enforcement: Petrochemical Pollution and National Sovereignty

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Part Four. Beyond NAFTA

12. Free Trade and the Americas

* 12.0 Introduction: NAFTA’s Role in Hemispheric Integration

* Problem 12.1 Chile’s Accession to NAFTA and the U.S. Fast Track Dilemma

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Problem 12.2 The Free Trade Area of the Americas and Western Hemispheric Integration

Ⅰ. The Setting

Ⅱ. Focus of Consideration

Ⅲ. Readings, Questions and Comments

* Index

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출판사 책소개

알라딘제공
This extensively revised coursebook is designed to introduce law students (and many practitioners) to a broad range of real and hypothetical problems involving NAFTA, several newer free trade agreements, and the Southern Cone Common Market. After discussing GATT Article XXIV and the global v. regional trade agreement debate, the authors provide background material on the U.S. - Canada Free Trade Agreement, NAFTA and economic integration in the Western Hemisphere. Separate chapters provide in-depth coverage of trade in goods, trade in services, investment, intellectual property, dispute resolution and the "side" agreements on labor and on environment. Finally, the authors look beyond NAFTA to the process that ultimately led to "Trade Promotion Authority" and to the U.S. - Chile Free Trade Agreement, discuss the now-stalled FTAA negotiations; and introduce MERCOSUR.