Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Rules Of Origin For Textiles: Implementing Legislation For Gatt, Janice Wingo
Rules Of Origin For Textiles: Implementing Legislation For Gatt, Janice Wingo
Washington International Law Journal
This Comment discusses the changes in the rules of origin for textiles that were implemented after the United States joined the World Trade Organization. The changes were made in such a way as to protect U.S. domestic textile production from Chinese competition even though these changes were couched in terms of harmonizing U.S. customs regulations with those of the rest of the world.
Competition Law And The Agenda For The Wto: Forging The Links Of Competition And Trade, Eleanor M. Fox
Competition Law And The Agenda For The Wto: Forging The Links Of Competition And Trade, Eleanor M. Fox
Washington International Law Journal
The Uruguay Round of the General Agreement on Tariffs and Trade is complete, and the agenda for the next round is being formulated. It is widely expected that issues of competition, the environment, and possibly labor will be on the agenda for the next round of the GATT. This article examines why it is that the world trading agenda may be thus expanding. Specifically as to competition law, it examines the history of devising world competition rules, the wisdom of revisiting the enterprise of doing so, and alternative approaches to competition in the GATT agenda. The article concludes with a …
Export Cartels And Voluntary Export Restraints Between Trade And Competition Policy, Ulrich Immenga
Export Cartels And Voluntary Export Restraints Between Trade And Competition Policy, Ulrich Immenga
Washington International Law Journal
This article discusses the conflicts between trade regulation and competition policy. It begins with a survey of the effect of restrictive practices—particularly those like export cartels that are exempted from competition law regulation—and continues with a critique of national support and authorization for restrictive practices as well as protective state activities, including antidumping rules, rules against "unfair" trade practices, and voluntary export restraints. The article concludes with a summary of unilateral, bilateral, and multilateral approaches to a more effective international regime for competition policy. It also introduces the recommendation for a Draft International Antitrust Code, which was submitted to GATT.
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Washington International Law Journal
Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a transaction-based economy and economic freedom; the process component emphasizes the need for juridical processes in economic policy-making. Ordoliberalism has shaped European Union competition law and trade policy and their roles in European integration, and its weakening may cause major changes in that relationship.
Introduction. Competition And Trade Policy: Europe, Japan And The United States, John O. Haley
Introduction. Competition And Trade Policy: Europe, Japan And The United States, John O. Haley
Washington International Law Journal
With the successful conclusion of the Uruguay Round of negotiations under the General Agreement on Tariffs and Trade, the focus of international trade concern has shifted from elimination of formal, governmentally imposed trade barriers to complex, and often contradictory, interrelationships among national and regional competition and trade policies. The promise of future negotiations under the aegis of the new World Trade Organization on competition (antitrust) policy as a trade issue thus brings us full circle. The GATT was itself the product of extensive planning within the United States Department of State for the postwar international economy. An effective international competition …
Trips: Adequate Protection, Inadequate Trade, Adequate Competition Policy, Hanns Ullrich
Trips: Adequate Protection, Inadequate Trade, Adequate Competition Policy, Hanns Ullrich
Washington International Law Journal
This article analyzes the relationship between trade and competition policy with respect to intellectual property, focusing particularly on the inclusion into the Uruguay Round of the Trade Related Aspects of Intellectual Property ("TRIPS"). The article sets forth the traditional framework of protection as established by the Paris Convention for the Protection of Industrial Property in 1883. The TRIPS agreement provides new rules and principles to manage emerging problems in the field of industrial property. The main focus of this article is to analyze the effect that TRIPS will have on harmonizing (but not unifying) the system of intellectual property protection.
An Antitrust Remedy For International Price Predation: Lessons From Zenith V. Matsushita, Harry First
An Antitrust Remedy For International Price Predation: Lessons From Zenith V. Matsushita, Harry First
Washington International Law Journal
The purpose of this article is to articulate a set of rules for an antitrust cause of action against international predatory pricing. The article develops these rules in the context of the antitrust and trade litigation brought in the United States and Japan against the Japanese televisions manufacturers between 1956 and 1986. The thesis of this article is that the litigation illustrates that antitrust enforcement should concentrate on exclusion from the home market rather than on low prices in the target market. The article also argues that antitrust should encompass a concern with the strategic use of market power to …
Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton
Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton
Washington International Law Journal
Since 1989, the United States has engaged in a heated debate with the People's Republic of China over products manufactured in Chinese prisons which enter U.S. markets. Human rights advocates argue that conditions in China's prisons violate human rights principles, and therefore, the United States should not extend Most Favored Nation trade status to China. Others argue that human rights conditions will only improve if the United States continues to extend MFN privileges. Forgotten is section 307 of the Trade and Tariff Act of 1930, which prohibits imports of products made from prison labor. To effectively address the prison labor …