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The Transformation Of World Trade, Joost Pauwelyn

Michigan Law Review

This Article contests the traditional view of the evolution of the world trade system. Rather than a unidirectional process of legalization focused exclusively on the system's normative structure, Part I of the Article, "The Explosion of the GATT Club," recounts the transformation from GATT to WTO as a bidirectional interaction between law and politics; in particular, between the system's legal-normative structure and its political, decision making branch Part II of this Article, "The Threat of a WTO Fortress," challenges the view that a choice must be made between politics and law or, put differently, between, on the one hand, democratic …

Laws As Treaties?: The Constitutionality Of Congressional-Executive Agreements, John C. Yoo

Michigan Law Review

Only twice in the last century, in 1919 with the Treaty of Versailles, and two years ago with the comprehensive Nuclear Test-Ban Treaty, has the Senate rejected a significant treaty sought by the President. In both cases, the international agreement received support from a majority of the Senators, but failed to reach the two-thirds supermajority required by Article II, Section 2, of the Constitution. The failure of the Versailles Treaty resulted in a shattering defeat for President Wilson's vision of a new world order, based on collective security and led by the United States. Rejection of the Test-Ban Treaty amounted …

Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse

Michigan Law Review

Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …

Economic Sanctions: A Look Back And A Look Ahead, Andreas F. Lowenfeld

Michigan Law Review

A Review of International Economic Sanctions by Barry E. Carter

International Trade And The "Rule Of Law", Phillip R. Trimble

Michigan Law Review

A Review of Implementing the Tokyo Round: National Constitutions and International Economic Rules by John H. Jackson, Jean Victor Louis, and Mitsuo Matsushita

Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum

Michigan Law Review

In Toyko recently I called upon an official of the Ministry of International Trade and Industry (MITI) to discuss trade frictions between the United States and Japan. On the way to my appointment I passed by Hibiya Park in the center of the city. About 10,000 people were gathered in a peaceful demonstration against any lifting of Japan's quotas on imports of agricultural products. Inside the MIT! building I asked the official whether the quotas on beef and oranges would be abolished soon. He told me they would eventually be liberalized or abolished to please the United States, but that …

The Interrelationship Between United Nations Law And The Law Of Other International Organizations, Richard H. Lauwaars

Michigan Law Review

The question regarding the interrelationship between UN law and the law of other international organizations acquired actual significance in the Netherlands in the spring of 1983. At that time, the Dutch Government published a Note stating that, due to the strictures of international law embodied in the law of the European Economic Community (EEC) and European Coal and Steel Community (ECSC), the Benelux Economic Union, and the General Agreement on Tariffs and Trade (GATT), it could not impose unilateral sanctions against South Africa. In response to this Note, a group of public international law professors in the Netherlands issued a …

Implementing The Tokyo Round: Legal Aspects Of Changing International Economic Rules, John H. Jackson, Jean-Victor Louis, Mitsuo Matsushita

Michigan Law Review

International economic and political interdependence has increased dramatically since the close of World War II. We now watch foreign wars on our living room television sets, move billions of dollars worth of funds across national borders daily, and feel the effects of political violence in the Mideast throughout our domestic farmlands. A corollary to economic and political interdependence, however, is the less visible but equally pervasive problem of legal interdependence. Any attempt, in the contemporary world, to create new international rules or institutions necessarily depends on the national legal and constitutional systems of a number of countries. This Article analyzes …

Adjustment To Hardship Caused By Imports: The New Decisions Of The Tariff Commission And The Need For Legislative Clarification, Carl H. Fulda

Michigan Law Review

The General Agreement on Tariffs and Trade, known as GATT, embodies the commitments of its contracting parties, now numbering eighty countries, to enter "into reciprocal and mutual advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce."

The Regulation Of Subsidies Affecting International Trade, Warren F. Schwartz, Eugene W. Harper Jr.

Michigan Law Review

We will begin by examining the basic contours of the present GATT regulation of subsidies. We will then consider the theory of comparative advantage underlying the GATT regime and introduce the complications of externalities and the governmental process designed to take account of them. Finally, we will make some tentative suggestions for changes in rules and institutions that might serve to improve the present state of affairs.

Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis Jr.

Michigan Law Review

It is generally recognized that efforts toward meaningful pollution control by an industrialized nation or group of nations raise economic problems at the international level. Discussion has touched upon the balance of trade and the effects for developing countries. Yet there seems to have been little attempt to analyze how these problems will manifest themselves and how they may be resolved within the current international legal-economic ordering system. This Article cannot deal with them all, but will examine closely the international competitive disincentives to truly effective pollution-control efforts in the industrialized countries, where environmental imperatives bear heavily on national decision-makers. …

Dam: The Gatt, Law And International Economic Organization, Carl H. Fulda

Michigan Law Review

A Review of The GATT, Law and International Economic Organization by Kenneth Dam

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …

Non-Tariff Import Restrictions: Remedies Available In United States Law, Craig Mathews

Michigan Law Review

Since World War II, a fundamental objective of the foreign policy of the United States has been to strengthen political and economic relationships among free-world nations. An integral element of this policy has been the expansion of international trade on mutually beneficial terms. The legal and practical problems of reducing or eliminating restrictions on the international movement of commodities have therefore assumed a major importance.

International commodity transactions have traditionally been subject to a wide range of such restrictions. In the case of imports, the most familiar barriers are tariffs and formal quotas or embargoes imposed by national governments. In …

The Antidumping Act: Its Administration And Place In American Trade Policy, James A. Kohn

Michigan Law Review

It has now been forty years since the present Antidumping Act was passed. During that period certain administrative interpretations and procedures have developed. This discussion will not attempt a general exposition of the act, but rather will examine key terms which are not defined by the act itself, the administrative decisions interpreting these terms, and the soundness of these decisions when tested against the purposes of the act. In analyzing these decisions, not only the factors that influenced the original passage of the act must be considered, but also the events which have occurred since the passage of the act …