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Folsom, Gordon and Gantz's NAFTA and Free Trade in the America's, A Problem Oriented Coursebook, 2d

By Ralph H. Folsom, Michael Wallace Gordon, David A. Gantz

ISBN-13: 9780314153975

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Series: American Casebook Series

Brand: West Law School

Pages: 912

Components: 1 Print

Shelf Space: 2 in.

Free Update Period: 90 days

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Description

Examination of a representative range of hyperthetical problems involving NAFTA, including background materials on the history of the agreement, and trade in goods problems. Discusses issues such as tariffs, transportation, investor rights, patents, counterfeiting, intergovernmental arbitrations, commercial disputes, national laws, and legal and financial services. Chapter titles discuss: Getting to NAFTA, Canada and the United States (Finally) Agree on Free Trade, Mexico Joins Canada and the United States in Free Trade, NAFTA, Free Trade in Goods, Trade in Services, Foreign Investment, Intellectual Property, Dispute Settlement, NAFTA Side Agreements, Labor, The Environment, Beyond NAFTA, and Free Trade and the Americas.

Features

Allows fast, easy, and on-point research
Discusses such issues as tariffs, transportaion, investor rights, patents, counterfeiting, intergovernmental arbitrations, commercial disputes, and services
Examines developments beyond NAFTA, including the proposed Free Trade Area of the Americas
Examines the specific roles of each member, including national laws
Focuses on public and private sector lawyers as problem solvers in a range of NAFTA issues
Includes background materials on the history of the agreement

Summary Of Contents

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
1. 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
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 5.2 Nontariff Trade Barriers and NAFTA: Product Standards and Trader Jane
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 5.3 Media Mogul Encounters the Canadian Cultural Industry Exclusion
    1. The Setting
    2. Focus of Consideration
  - Problem 5.4 Monopoly State Enterprises: PEMEX and CFE
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
2. 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
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 6.2 Cross–Border Transportation Services: Servicios De Monterrey of Mexico (Trucks) and Greenhound of The U.S. (Buses)
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 6.3 Financial Services: Bankwest Plans New Full Service Offices in Canada and Mexico
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
3. 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
    1. The Setting
    2. Focus of Consideration
    3. 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
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
4. Intellectual Property
  - 8.0 Introduction: International Intellectual Property Rights
  - Problem 8.1 Gray Market Trading And Trade Secret Misappropriation: Coca–Cola In North America
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 8.2 Compulsory Licensing and Counterfeiting: Pharmaceuticals and NAFTA
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
5. Dispute Settlement
  - 9.0 Introduction
  - Problem 9.1 Panel Selection and the Code of Conduct: Attorneys as Prospective Panelists
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 9.2 Chapter 19: Dumping Disputes; New England Apples to Mexico—Mexican Peaches to Georgia
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 9.3 Chapter 19: Material Injury and Extraordinary Challenge Proceedings—Apples and Peaches, Part II
    1. The Setting
    2. Focus of Consideration
    3. 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
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 9.5 Private Commercial Dispute Settlement: Fungicide Made in Canada and the U.S. and Sold in Mexico
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
Part Three. The NAFTA Side Agreements
1. 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
      1. The Setting
      2. Focus of Consideration
      3. Readings, Questions and Comments
    - Part B: The United States
      1. The Setting
      2. Focus of Consideration
      3. 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
      1. The Setting
      2. Focus of Consideration
      3. Readings, Questions and Comments
    - Part B: Mexico
      1. The Setting
      2. Focus of Consideration
      3. Readings, Questions and Comments
2. The Environment
  - 11.0 Introduction: The Environmental Side Agreement
  - Problem 11.1 Canadian Enforcement: Sport Fishing, Fish Toxicants and First Nations
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 11.2 Mexican Enforcement: Mounting Border Pollution Problems and Scarce Enforcement Resources
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 11.3 U.S. Enforcement: Petrochemical Pollution and National Sovereignty
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
Part Four. Beyond NAFTA
1. 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
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
  - Problem 12.2 The Free Trade Area of the Americas and Western Hemispheric Integration
    1. The Setting
    2. Focus of Consideration
    3. Readings, Questions and Comments
Index