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Articles 1 - 9 of 9
Full-Text Articles in Law
Fighting Bad Guys With International Trade Law, Raj Bhala
Fighting Bad Guys With International Trade Law, Raj Bhala
Faculty Publications
No abstract provided.
Trips Article 27.2: An Argument For Caution, M. Bruce Harper
Trips Article 27.2: An Argument For Caution, M. Bruce Harper
William & Mary Environmental Law and Policy Review
No abstract provided.
The Role Of National Courts In International Trade Relations, Meinhard Hilf
The Role Of National Courts In International Trade Relations, Meinhard Hilf
Michigan Journal of International Law
Part I of this article identifies and analyzes some modern trends in judicial review in the area of international relations. Section Part II then examines and briefly discusses the existence of judicial review for both national and international levels of protection and the possibilities for linking the two. A major part, Part III, is devoted to the specific role of national courts within the WTO system. Finally, Part IV draws conclusions and suggests some means for improving the judicial review offered by national courts and for linking them to the interstate dispute settlement on the international level.
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Of Substantial Interest: Third Parties Under Gatt, Chi Carmody
Michigan Journal of International Law
This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …
Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu
Are Tuna And Dolphins The Same? A Rule Of Reason Approach To Resolve The Trade And Environment Conflict, Anantha K. Paruthipattu
LLM Theses and Essays
Trade and environment are both primary values in an ecologically and economically interdependent world; unleashing trade without regard to environmental impact is as detrimental as guarding the environment at the expense of trade and development. Tuna and dolphins have come to symbolize the policy struggle between trade and environment. In early 1990, the United States banned the import of tuna from Mexico and other countries that were fishing in a manner that damaged dolphins in the Eastern Tropical Pacific Ocean. Mexico challenged this ban before a GATT Panel, which ruled against the United States and held that the tuna ban …
Securing The Peace Dividend In The Middle East: Amending Gatt Article Xxiv To Allow Sectoral Preferences In Free Trade Areas, David R. Karasik
Securing The Peace Dividend In The Middle East: Amending Gatt Article Xxiv To Allow Sectoral Preferences In Free Trade Areas, David R. Karasik
Michigan Journal of International Law
How should Middle East nations structure their future economic relationships to secure their peaceful reconciliation while simultaneously fulfilling their WTO obligations? This note suggests two solutions to this quandary. First, the newly emerging bloc of peace-declaring nations in the Middle East should consider establishing a regional free trade area. However, instead of reducing the tariffs of "substantially all" of the region's products as would normally be required by Article XXIV of the General Agreement on Tariffs and Trade (GATT) 9-the authoritative provision regulating free trade areas-this note argues that a Middle East free trade area should reduce trade barriers only …
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Michigan Journal of International Law
Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand
Articles
One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …
Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte
Dumping And Anti-Dumping In International Trade Origins, Legal Nature, And Evolution Developments In Brazil And In The United States, Luiz Claudio Duarte
LLM Theses and Essays
Dumping is when an exporting country sells their goods in the foreign market for less than the price of the goods in their own domestic market. Dumping has a negative connotation because it threatens domestic industries in the importing country. In response to harmful dumping situations, mechanisms of defense have been developed to protect nations from unfair trade practices. The General Agreement on Tariffs and Trade (GATT) recognizes in Article VI anti-dumping tariffs as a legitimate defense to protect domestic industries from foreign predatory pricing practices. This paper focuses on anti-dumping developments in international trade since the beginning of the …