Law Commons^™

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Scholarly Works

Although NAFTA's impact is primarily economic, it will also have a profound political impact, especially on relations between Mexico and the United States. In coming to the decision to seek a free trade agreement with the United States, Mexico has already made important political decisions: to jettison its defensive nationalism and fear of United States domination; to reform and liberalize its economic system; and to pave the way for democratizing its political institutions. The United States, in turn, has long sought a solid foundation to overcome its often prickly relationship with its southern neighbor and other Latin American nations ...

Globalization Of Law, Politics, And Markets -- A European Perspective On Implications For Domestic Law, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Human Costs Of Nafta, Melvin Burke

School of Economics Faculty Scholarship

The proposed North American Free Trade Agreement between the United States, Canada, and Mexico is the logical and perhaps inevitable extension of the 1989 Free Trade Agreement between the United States and Canada. Both agreements are controversial, and massive public opposition exists in all three countries—for good reasons, as we shall see. The citizens of these three nations have never been provided with a credible explanation of the need for NAFTA. Contrary to the proclamations of NAFTA's proponents, there are no guarantees that the supposed benefits ofthe free trade agreement will be realized, nor is it clear who ...

Implications Of The Gatt Agreement For Iowa, John Kruse

CARD Briefing Papers

What is the General Agreement on Tariffs and Trade (GATT)? The GATT may be best described as an ongoing process through which trade distortions among countries are defined and targeted for reduction. There have been seven previous GATT agreements over the years. The most recent GATT agreement represents the eighth round of trade negotiations and is often called the Uruguay Round in reference to Punta del Este, Uruguay, where the agenda was set in 1986. The Uruguay Round of trade negotiations was the first to focus directly on trade distortions in agriculture. Agricultural trade distortions were chosen primarily because of ...

The Model Law On International Commercial Arbitration: It's Time For Michigan To Adopt It, Kevin C. Kennedy

Faculty Publications

No abstract provided.

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.

The Application Of U.S. Antidumping Law To The Imports From The People's Republic Of China: Review Of Evolution And Need For Revolution, Li Yang

LLM Theses and Essays

Despite the dramatic increase in trade between the U.S. and China since the normalization of relations between the countries in 1979, China is still confronted with U.S. laws that hinder trade. The most serious threat to Sino-U.S. trade is the U.S. antidumping law, which authorizes the imposition of a duty on imported merchandise that the Department of Commerce determines is sold at less than fair value, if the U.S. International Trade Commission determines the U.S. industry in that field is materially injured. This law and cases interpreting it are examined. With its low wage ...

The United States Export Control Laws And Regulations, Minzhi He

LLM Theses and Essays

The current system of United States export controls began with the Export Control Act of 1949. Following World War II, Congress passed this legislation to establish a strategic embargo against communist nations in an attempt to control trade to further the national security and foreign policy interests of the West. In 1969, Congress reformed the export control laws by passing the Export Administration Act of 1969 – which contained no inherent limits. However, the increasing tension between the U.S. business interests and the national security and foreign policy interests made Congress once again alter the legislation and the Export Administration ...

The Antidumping Laws And Principles Under The Gatt: Protecting Protection, The “Dunkel Drafts” And After The Uruguay Round, Heejang Yoo

LLM Theses and Essays

The antidumping laws of the U.S., Canada, Australia, European countries, and other developing countries are seen as protectionist of those nation’s local industries at the expense of foreign exporters. The fact that foreign exporters cannot obtain a meaningful judicial review of these antidumping laws only compounds the matter. This thesis urges nations to adopt multilateral competition-oriented antidumping polices and to abandon producer-oriented protectionist laws. Even if the notion of trade liberalization has been discredited under the GATT, the author advocates a return to such a goal in the context of antidumping laws. In reaching this conclusion, this thesis ...

Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll

Faculty Scholarship at Penn Law

No abstract provided.

Protection Of Intellectual Property Rights In The North American Free Trade Agreement: A Successful Case Of Regional Trade Regulation, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.

The Conservation/Free Trade Debate Resurfaces: The Uncertain Intersection Of The 1992 Driftnet Fisheries Act And Gatt, Paul S. Kibel

Publications

This Comment will explore the legal relationship between GATT and United States environmental legislation, employing the 1992 Driftnet Fisheries Act as an analytic focus.

Part I analyzes the 1991 GAIT panel decision, with special attention given to those GATT provisions which were found inconsistent with the MMPA. Part II discusses the international and domestic response to the panel decision. Part III summarizes the 1992 Driftnet Fisheries Act, focusing on the reasons for its adoption and the trade sanctions it contains. Part IV reveals potential inconsistencies between the 1991 GATT panel decision and the Driftnet Fisheries Act. Part V addresses the ...

The International Law And Politics Of Agricultural Trade, Kevin C. Kennedy

Faculty Publications

No abstract provided.

The Earth As Eggshell Victim: A Global Perspective On Domestic Regulation, Alfred C. Aman

Articles by Maurer Faculty

In the now famous case of Vosburg v. Putney, the Wisconsin Court enunciated the common law doctrine since known as the "eggshell skull" or "thin skull" rule: you take your victim as you find him. The thin skull rule is a productive starting point for a dialogue on the place of law in any effort to control (or reverse) the cumulative damage to the planet's ecosystem. Any such dialogue requires a global perspective that fuses international and domestic approaches to law. Environmental law must assess not only the level of assault against the earth, but also the risk of ...

Debate Within The Cites Community: What Direction For The Future, David S. Favre

Faculty Publications

No abstract provided.

Court Of International Trade Deference To International Trade Commission And International Trade Administration Antidumping Determinations: An Empirical Look, Thomas P. Ondeck, Michael A. Lawrence

Faculty Publications

No abstract provided.

The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford

Journal Articles

No abstract provided.

Securities Law In The European Community: Harmony Or Cacophony?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Association Agreements Between The Ec And Central And Eastern European States, Helen E. Hartnell

Publications

Association agreements that establish increased trade, dialogue and cooperation between the EC and the countries of Central and Eastern Europe have proliferated in recent years. Yet still the relationship between the EC and countries in this region has been characterized by a significant degree of mutual misunderstanding and dissatisfaction. On one side, the high expectations of the Central and East European countries are reflected in their equally high disappointment levels vis-a-vis the EC. And on the other side, one senses that the EC grows weary of what it perceives as complaints and ingratitude.

Against this background, I propose to examine ...

International Trade Law And The Arbitration Of Administrative Law Matters: Farrel V. U.S. International Trade Commission, Ronald A. Brand

Articles

With support from the executive branch, Congress, and the courts, arbitration has become an increasingly popular method of international dispute resolution. While agreements to arbitrate traditionally were frowned upon, particularly when the dispute involved certain “public law” or “statutory” matters, the situation has changed dramatically in the past few decades. United States courts now routinely order arbitration of disputes implicating important policy issues in securities, antitrust, Racketeer Influenced and Corrupt Organizations (“RICO”), and employment law matters. By the end of the 1980’s, the presence of a public or “statutory” issue seemed no longer to be a distinguishing factor; arbitration ...

Imprudent Power: Reconsidering U.S. Regulation Of Foreign Tender Offers, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.