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International Trade Law

Selected Works

International Trade

Articles 61 - 88 of 88

Full-Text Articles in Law

Beyond Special And Differential Treatment, Frank J. Garcia Oct 2011

Beyond Special And Differential Treatment, Frank J. Garcia

Frank J. Garcia

Developing country concern over flawed special and differential treatment (S&D) provisions has already contributed to the failed Seattle and Cancim WTO Ministerial Meetings. In order to succeed, the current WTO Doha Development Round must go beyond simply reforming existing S&D provisions, important as that is. Developing countries must re-focus WTO trade and development policy around the twin goals of deueWpment and fairness. Developing countries need a comprehensive agreement on S&D clarifying that development, not trade liberalization, is the number one economic policy goal of developing countries, and that fairness, not charity, is the basis for development. Such an agreement should …

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The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia Oct 2011

The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun Oct 2011

Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun

Frank J. Garcia

International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …

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Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia Oct 2011

Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia

Frank J. Garcia

In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …

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The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia Oct 2011

The Integration Of Smaller Economies Into The Ftaa, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia Oct 2011

The Global Market And Human Rights: Trading Away The Human Rights Principle, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia Oct 2011

Nafta And The Creation Of The Ftaa: A Critique Of Piecemeal Accession, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia Oct 2011

Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia Oct 2011

The Moral Hazard Problem In Global Economic Regulation, Frank J. Garcia

Frank J. Garcia

Global regulation of international business transactions presents a particular form of the moral hazard problem. Global firms use economic and political power to manipulate state and state-controlled multilateral regulation to preserve their opportunity to externalize the social costs of global economic activity with impunity. Unless other actors can effectively counter this at the national and global regulatory levels, globalization re-creates the conditions for under-regulated or “robber baron” capitalism at the global level. This model of economic activity has been rejected at the national level by the same modern democratic capitalist states which currently dominate globalization, creating a crisis of legitimacy …

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Building A Just Trade Order For A New Millennium, Frank J. Garcia Oct 2011

Building A Just Trade Order For A New Millennium, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia Oct 2011

Just Trade Under Law: Do We Need A Theory Of Justice For International Trade Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia Oct 2011

Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire Apr 2011

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …

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The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez Dec 2010

The Global Politics Of Food: Introduction To The Theoretical Perspectives Cluster, Carmen G. Gonzalez

Carmen G. Gonzalez

The corporate-dominated, fossil-fuel dependent model of agricultural production has produced chronic undernourishment, an epidemic of obesity and diet-related diseases, and unprecedented ecological devastation. In May 2010, the Universidad Interamericana in Mexico City hosted an international conference on The Global Politics of Food: Sustainability and Subordination. Sponsored by Latina and Latino Critical Legal Theory, Inc. and by Seattle University School of Law, the conference took place under the auspices of the South-North Exchange on Theory, Culture and Law (SNX), a yearly gathering of scholars in the Americas that seeks to foster transnational, cross-disciplinary and inter-cultural dialogue on current issues in law, …

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How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski Dec 2010

How Deep Should We Go? Searching For An Appropriate Standard Of Review In Sps Cases, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

Although the applicable standard of review under Articles 2.2/5.1 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is not de novo, investigation by WTO panels is nevertheless quite intrusive in terms of objectivity and coherence of risk assessment. Moreover, the panel’s review does not end with the final conclusion reached by the WTO Member in its risk assessment; it also extends to the quality of the reasoning employed and the intermediate interferences that led to the conclusion. If a WTO Member relies on expert judgment in its risk assessment, this needs to be sufficiently transparent …

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The Law Merchant-Redux, Art Gemmell Dr. Dec 2010

The Law Merchant-Redux, Art Gemmell Dr.

art gemmell

The Lex Mercatoria- Redux Arthur J. Gemmell and Autumn Talbott* ABSTRACT

The lex mercatoria developed as merchant-made, private law. Unlike other bodies of law, the lex mercatoria was not born of statutory or “natural” law but from practical, day-to-day commercial usage. In fact, medieval commercial activities propagated the “most favorable trading practices and customs of the various foreign markets within which [merchants] did business.”

What evolved in the Middle Ages out of necessity stands today as a sometimes controversial testimony to the power of self-regulation through a specialized and practical body of law: the lex mercatoria that has for centuries …

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The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski Sep 2008

The Sps Agreement Within The Framework Of Wto Law. The Rough Guide To The Agreement’S Applicability, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyzes the problem of applicability of the SPS Agreement and its relationship with the TBT Agreement and GATT 1994. In this context, special attention is given to the panel report in EC – Biotech Products. The reason for such an approach is twofold. First, it was the first panel which comprehensively analyzed the conditions of applicability of the SPS Agreement, and second, some parts of its analysis are disappointing and not well reasoned. This article recognizes that the conditions of applicability of the SPS Agreement were conceptualized by the case law very broadly. The author, while accepting parts …

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Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski May 2008

Sps Measures Adopted In Case Of Insufficiency Of Scientific Evidence – Where Do We Stand After Ec-Biotech Products Case?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyzes the disciplines established by Article 5.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures. The analysis is based both on the text of the SPS Agreement as well as on the existing case law with the special consideration given to the panel’s ruling in EC – Biotech Products. The article criticizes the approach of the case law to the issue of applicability of Article 5.7 as it confuses the applicability with the consistency. The article argues that it is more appropriate to view the SPS Agreement as providing for three mutually exclusive paths of …

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Global Justice And The Bretton Woods Institutions, Frank J. Garcia Aug 2007

Global Justice And The Bretton Woods Institutions, Frank J. Garcia

Frank J. Garcia

Together with the WTO, the Bretton Woods Institutions are the preeminent international institutions devoted to managing international economic relations. This mandate puts them squarely in the center of the debate concerning development, inequality and global justice. This essay explores how justice criteria might apply to the ideology and operations of the World Bank and the International Monetary Fund. Using the Rawlsian model of egalitarian justice adapted to international institutions by the author in connection with the WTO, this essay asks what difference it would make for the Bank and Fund if an explicit justice framework informed their international lending activities.

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Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia Dec 2005

Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Why Trade Law Needs A Theory Of Justice, Frank J. Garcia Dec 2005

Why Trade Law Needs A Theory Of Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Agricultural Trade And Developing Countries, Carmen G. Gonzalez Dec 2005

Agricultural Trade And Developing Countries, Carmen G. Gonzalez

Carmen G. Gonzalez

This article reviews Global Agricultural Trade and Developing Countries, edited by M.A. Aksoy & J.C. Beghin (Washington DC: World Bank, 2004). The book examines key issues in agricultural trade policy that are of particular significance to developing countries. The book’s strength is its painstaking research and detailed and exhaustive analysis of agricultural trade and production policies in a variety of countries and across a variety of commodities. The book provides a clear explanation of the market distortions caused by agricultural protectionism and of the distributional impacts of agricultural trade liberalization. The book’s weakness is its failure to integrate its analysis …

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Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia Dec 2001

Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia

Frank J. Garcia

No abstract provided.

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Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor Jan 2001

Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor

Perry S. Bechky

Under the Byrd Amendment of 2000, all collected antidumping and countervailing duties must be distributed among U.S. companies that successfully petition for the imposition of those duties. The Byrd Amendment created an economic incentive for the proliferation of trade cases. A strong legal case can be made that the Byrd Amendment is inconsistent with WTO rules.

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Trade And Inequality: Economic Justice And The Developing World, Frank Garcia Dec 1999

Trade And Inequality: Economic Justice And The Developing World, Frank Garcia

Frank J. Garcia

No abstract provided.

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Planning The Japanese Way In The United States, Art Gemmell Dr. Feb 1991

Planning The Japanese Way In The United States, Art Gemmell Dr.

art gemmell

Why the successful integration of an acquired company doesn't have anything to do with the parentage of the company.

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The Regional Welfare Effects Of Tariff Reductions On Textile Products, Joseph Pelzman, Randolph C. Martin Jul 1983

The Regional Welfare Effects Of Tariff Reductions On Textile Products, Joseph Pelzman, Randolph C. Martin

Joseph Pelzman

No abstract provided.

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Can Measures Of Gtc Explain Cmea Integration?: A Reply, Joseph Pelzman Dec 1979

Can Measures Of Gtc Explain Cmea Integration?: A Reply, Joseph Pelzman

Joseph Pelzman

No abstract provided.

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