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Full-Text Articles in Law
Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman
Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman
Faculty Scholarship
There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I powers over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …
Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster
Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster
Faculty Scholarship
The world's twenty-year experiment with a rule-based international trading order is most likely ending. Trade wars are raging again for the first time in two decades as World Trade Organization (WTO) members unilaterally impose and counterimpose sanctions. In Geneva, the WTO Appellate Body, whose existence is essential to the functioning of the WTO Dispute Settlement Understanding (DSU), is on a trajectory to shut down in December 2020. For all the fireworks, however, many commentators retain an optimism that the recent events will be a passing phase and that the world will return to a more law-oriented trading system after the …
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer
Faculty Scholarship
No abstract provided.
Trade, Redistribution, And The Imperial Presidency, Timothy Meyer
Trade, Redistribution, And The Imperial Presidency, Timothy Meyer
Faculty Scholarship
No abstract provided.
Local Liability In International Economic Law, Timothy Meyer
Local Liability In International Economic Law, Timothy Meyer
Faculty Scholarship
No abstract provided.
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster
Us-Cool Retaliation: The Wto’S Article 22.6 Arbitration, Chad P. Bown, Rachel Brewster
Faculty Scholarship
This paper examines the World Trade Organization’s Article 22.6 arbitration report on the dispute over the United States’ country of origin labeling (US–COOL) regulation for meat products. At prior phases of the legal process, a WTO Panel and the Appellate Body had sided with Canada and Mexico by finding that the US regulation had negatively affected their exports of livestock – cattle and hogs – to the US market. The arbitrators authorized Canada and Mexico to retaliate by over $1 billion against US exports – the second largest authorized retaliation on record and only the twelfth WTO dispute to reach …
Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton
Supplying Compliance: Why And When The United States Complies With Wto Rulings, Rachel Brewster, Adam Chilton
Faculty Scholarship
In studies of compliance with international law, the focus is usually on the “demand side” – that is, how to increase the pressure on the state to comply. Less attention has been paid, however, to the consequences of the “supply side” – who within the state is responsible for the compliance. This Article is the first study to systematically address the issue of how different actors within the United States government alter national policy in response to the violations of international law. The Article does so by examining cases initiated under the World Trade Organization (WTO) Dispute Settlement Understanding (DSU). …