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Articles 1 - 18 of 18
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
Ganesh Sitaraman
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 authorities 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 …
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Still Dissatisfied After All These Years: Intellectual Property, Post-Wto China, And The Avoidable Cycle Of Futility, Peter K. Yu
Peter K. Yu
No abstract provided.
The Many Faces Of Transparency, Padideh Ala'i
The Many Faces Of Transparency, Padideh Ala'i
Padideh Ala'i
Reforming Trade Remedies, Wentong Zheng
Reforming Trade Remedies, Wentong Zheng
Wentong Zheng
This Article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and proposing a bold yet feasible road map for reforms. As shall become clear, the debate on trade remedies is an essential component of the broader debate on trade protectionism, an issue that has never been more important in light of the challenges facing the world economy today. Reforming trade remedies, therefore, has far-reaching implications for the global trade agenda.
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Should The World Trade Organization Incorporate Labor And Environmental Standards?, Chantal Thomas
Chantal Thomas
No abstract provided.
World Poverty And Food Insecurity, Carmen G. Gonzalez
World Poverty And Food Insecurity, Carmen G. Gonzalez
Carmen G. Gonzalez
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
Developing Countries And The Wto, John Barceló Iii
Developing Countries And The Wto, John Barceló Iii
John J. Barceló III
When the World Trade Organization (WTO) was founded ten years ago on January 1, 1995, commentators hailed it as a major transformation of the world trading system. The new, more juristic and permanent World Trade Organization replaced the previous, more pragmatic and ad hoc General Agreement on Tariffs and Trade (GATT). The industrial countries, led by the United States, the EU, and Japan, brought about this change to consolidate and deepen their own and the world’s commitment to an open trading system. Their support for the change was crucial because they dominated the GATT, and they continue to dominate the …
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii
John J. Barceló III
No abstract provided.
The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett
The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett
Stephen Joseph Powell
For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …
Is The Wto Quietly Fading Away?: The New Regionalism And Global Trade Rules, Stephen J. Powell, Trisha Low
Is The Wto Quietly Fading Away?: The New Regionalism And Global Trade Rules, Stephen J. Powell, Trisha Low
Stephen Joseph Powell
While scholars and governments alike view the liberalization of international trade as a positive development, they disagree on the medium that will accomplish this objective with the highest economic returns. Some experts believe that multilateralism through the 150+ member World Trade Organization (WTO) is the only way to achieve truly open and efficient trade. Others view multilateralism as but an aspiration and find that regionalism offers the only viable prospect for the meaningful further opening of markets. In light of what we label the "new regionalism," our paper explores in detail the positive and negative effects of regional trade arrangements …
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation, Wentong Zheng
Counting Once, Counting Twice: The Precarious State Of Subsidy Regulation, Wentong Zheng
Wentong Zheng
Subsidy regulation is in a precarious state. While it has been so ever since the conception of the current subsidy regulation regime, the recent disputes between the United States and China over the “double counting” or “double remedies” of subsidies have threatened the mere functionality of the current regime. This Article argues that the double counting controversy reveals the self-contradictions of the current subsidy regulation regime as to the fundamental question of why subsidies need to be regulated. These self-contradictions make it impossible to devise a coherent solution to the double counting problem within the framework of the current subsidy …
Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi
Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi
Hassan Razavi
The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime …
Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi
Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi
Padideh Ala'i
Chinese Law, Trade And The New Century, Robert C. Berring
Chinese Law, Trade And The New Century, Robert C. Berring
Robert Berring
China crammed a great deal of political activity into the 20th Century. In the year 1900 the Q'ing Dynasty still ruled the remnants of an ancient empire. The Q'ing conspired with rebels in the Boxer Rebellion in the hopes of expelling all foreigners from Chinese soil and returning to splendid isolation. In the year 2000 China is a superpower balancing communist theory and a capitalist market that is about to join the World Trade Organization. The intervening years saw warlords, democrats, fascists, Marxists and all stripes of communists leading the world's largest nation. As China enters the new millennium of …
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
David R. Kocan Professor
The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Pierce Lee Mr.
Harvard Law Professor Mark Wu, in his 2012 article “Antidumping in Asia’s Emerging Giants,” makes six proposals to reform World Trade Organization (WTO) law on antidumping (AD). One of those proposals is the requirement that all complaints for dumping be accompanied by proof of the underlying unfair trade practice that enables dumping. Wu predicts that this requirement would make it more difficult to use AD abusively so that a country could no longer “punish” foreign producers engaging in price differentiation for strategic purposes. Although Wu may be right about the short-term potential effect of this reform proposal, I do not …
Trade, Globalisation And Economic Policy, Patrick Kelly
Trade, Globalisation And Economic Policy, Patrick Kelly
Patrick Kelly
No abstract provided.
Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski
Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article analyses the current general system of preferences of the EC in order to assess its conformity with the international obligations imposed by law of the World Trade Organization. The analysis is carried out in light of the recent WTO ruling, which found the old system of preferences incompatible with WTO law. In this context, the article argues that some aspects of the new system relating to special incentive arrangements for sustainable development and good governance may potentially conflict with the requirements of international trade law.