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The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And "Imperial Preference", Sydney M. Cone Iii
The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And "Imperial Preference", Sydney M. Cone Iii
Michigan Journal of International Law
This Article will first examine the relevant WTO provisions that permit free-trade agreements as exceptions to MFN treatment. It will then situate current U.S. policy in the context of the history and purpose of those provisions. Next, the discussion of history and purpose will take up a key debate in the original GATT negotiations, in which the United States championed MFN treatment, while European countries, in particular, Great Britain, sought to retain preferential trading arrangements-arrangements once associated with the rubric of "imperial preference." Against this background, the article will explore the question of whether current U.S. policy represents a reversion …
Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan
Development: Domestic Constraints And External Opportunities From Glabalization, T. N. Srinivasan
Michigan Journal of International Law
In what follows, this Article first discusses the process of development in Section II. Section III is devoted to the external aspects of development, namely international trade, finance, and intergovernmental organizations. Section IV is concerned with the domestic dimensions and legal reform, drawing on the debate on legal reforms in India. The author offers a few concluding remarks in Section V.
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Michigan Journal of International Law
Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
Michigan Journal of International Law
This study focuses on the emergence of ROL in U.S. international trade policy, a development which merits closer examination for the following reasons. First, the United States must still be considered the leader in international trade policy, and a ROL order without the most important trading entity would make little sense. Second, the United States is probably the foremost proponent of instituting a ROL order in international trade, though, ironically, it may also be the prime culprit in adhering to certain power-ordered relationships. Third, it seems only fair, if not natural, to extend the United States' domestic respect for the …
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
Michigan Journal of International Law
A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Michigan Journal of International Law
Transcript of a panel on Europe in 1992.
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
Michigan Journal of International Law
As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
Michigan Journal of International Law
Since President Reagan signed the Omnibus Trade Act on August 23, 1988, the U.S. government has completed a series of investigations according to the provisions of the Act. Consultations aimed at forcing its trading partners to adjust their trade- policies which are regarded as unfair to U.S. trade have also been held in the past ten months or so. Being one of the most important trading partners of the U.S. – both in terms of its overall trade volume and its surplus with the U.S. – the Republic of China on Taiwan (ROC) seems to have become a target of …
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
Michigan Journal of International Law
This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.
Section 301 And The Appearance Of Unilateralism, Warren Maruyama
Section 301 And The Appearance Of Unilateralism, Warren Maruyama
Michigan Journal of International Law
Despite extensive criticism, section 301 is a modest statute. It directs the United States Trade Representative (USTR), subject to the direction of the President, to take action if (1) the rights of the United States under a trade agreement are being denied, or (2) an act, policy, or practice of a foreign government is "unjustifiable" and burdens or restricts U.S. commerce. It also authorizes the USTR, again subject to the direction of the President, to act if (3) an act, policy, or practice of a foreign government is "unreasonable" and burdens or restricts U.S. commerce.
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Michigan Journal of International Law
This paper examines the interplay of economic development and trade policies in South Korea and Taiwan. Although many differences exist between the two states, both have identified economic development as a central national policy goal linked explicitly to national security, even national survival. Both have targeted international trade as a key means of promoting economic development. Thus, trade policy, broadly defined, has served as one of the principal components of their economic development strategies. Of course, many other factors impinge upon trade policy formation - the national imperatives against which all policy must be weighed, economic opportunities and constraints, the …
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
Michigan Journal of International Law
This article will review the trade policies of the European Community towards Korea and Taiwan over the past ten years. This time period has been chosen for two reasons. In the first place, ten years ago, on November 28, 1979, the Tokyo Round of multilateral trade negotiations was concluded. At that time, the Tokyo Round was the most comprehensive GATT negotiating round ever, both in terms of trade value affected and in terms of its coverage of topics. An interesting question, therefore, is to what extent the 1979 commitments to trade liberalization were actually kept. Secondly, during the last decade …
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Michigan Journal of International Law
Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
Michigan Journal of International Law
The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Michigan Journal of International Law
Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
Michigan Journal of International Law
Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Michigan Journal of International Law
This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.
Building The Case For Industrial Strategy, David E, Bonior
Building The Case For Industrial Strategy, David E, Bonior
Michigan Journal of International Law
The argument for an industrial strategy begins with the failures of present policies. The indictment is not concerned with the relative simplicity or elegance of competing economic theories but with actual results in the world marketplace. The case for an industrial strategy is not primarily about compassion, or about full employment, or even about economic growth. While we desperately need a compassionate economic policy, full employment, and sustained economic growth, these are goals. The industrial policy debate is not a debate about goals, but means. The argument rests on the premise that the old means must be changed because the …
A Labor View Of Industrial Policy, Henry B. Schechter
A Labor View Of Industrial Policy, Henry B. Schechter
Michigan Journal of International Law
This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.
Attacking The Trade Deficit, Dennis Unkovic
Attacking The Trade Deficit, Dennis Unkovic
Michigan Journal of International Law
In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Michigan Journal of International Law
This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
Michigan Journal of International Law
The GATT system was established by a fairly homogeneous group of 24 countries in the late 1940s. With the exception of the U.S., the signatory nations were, for the most part, European or British Commonwealth countries with market economies. These governments shared a rough consensus on the fundamental goals of an international trading system. They intended to avoid the economic warfare that had characterized international trade in the late 1930s. Trading relationships were to be governed by a mutual commitment to commonly understood notions of fairness and equity. This meant allowing producing enterprises to compete, according to a set of …
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Michigan Journal of International Law
The successful dismantling of most high tariffs of the noncommunist industrialized world over the last thirty years has revealed other trade measures which previously posed relatively little risk to the flow of trade. One such measure is "antidumping duties," which each year seems to grow more prominent as a cause of tension between trading nations. Although in recent months front-page news stories have focused considerable attention on the problems of dumping and the response of antidumping duties, it is probably safe to assume that the general public, and even most laymen, have little understanding of the practice and concept of …
Antidumping Law In Japan, Gary Saxonhouse
Antidumping Law In Japan, Gary Saxonhouse
Michigan Journal of International Law
The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
Michigan Journal of International Law
Trade policymakers, like military strategists, are often "fighting the last war." Our present antidumping law was passed in 1921. It was a reaction to trade problems perceived in the years during and after World War I. The related countervailing duty law harks back to an even earlier era. Since their enactment we have tinkered with each. Administration of both statutes has been surrounded by extensive regulations and a body of unwritten practice. But solving the trade problems of today-if that is what we are doing-with this elaborate legal corpus will not necessarily provide us with a sensible guide to the …