Law Commons^™

The Foreign Commerce Clause And The Market Participant Exemption, David E. Dreifke

Vanderbilt Journal of Transnational Law

In this Note, the author argues that, despite the strictures of the Foreign Commerce Clause, under an expansive conception of the market participant exemption, states should be able to place restrictions on the export of state-owned or state-nurtured natural resources. In light of the current trade imbalance between Japan and the United States and by way of example, the author discusses Japan's importation of United States natural resources and the competing interests that argue for and against its continuance. Japan's economic growth, appetite for natural resources, and lack of adequate regard for environmental consequences is well documented. Economists and political …