Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Anti-dumping (2)
- International trade (2)
- NAFTA (2)
- WTO (2)
- Agreement on Agriculture (1)
-
- Agriculture (1)
- Alien tort statute (1)
- Antidumping (1)
- Cotton (1)
- Countervailing duties (1)
- Dispute resolution (1)
- Dispute settlement (1)
- Doha (1)
- Export subsidies (1)
- FTAA (1)
- Free trade (1)
- GATT (1)
- Human rights (1)
- Mexico (1)
- North American Free Trade Agreement (1)
- Price suppression (1)
- Subsidies (1)
- Sugar (1)
- Trade law (1)
- Trade remedies (1)
- Transnational corporations (1)
- World Trade Organization (1)
Articles 1 - 5 of 5
Full-Text Articles in Transnational Law
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Expanding The Nafta Chapter 19 Dispute Settlement System: A Way To Declaw Trade Remedy Laws In A Free Trade Area Of The Americas?, Stephen J. Powell
Stephen Joseph Powell
Chapter 19 of the NAFTA transfers judicial review of U.S., Canadian, and Mexican government investigations under the controversial anti-dumping and countervailing duty (AD/CVD) laws from national courts to binational panels of private international law experts. The system stands as a unique surrender of judicial sovereignty to an international body, a hybrid of national courts and international dispute settlement with as yet no parallel in the world of international trade or other international law regimes. Binational panel decisions have been controversial because agencies chafe at their intimate examination of agency findings and supporting evidence. Panels also are viewed as substantially more …
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson
Stephen Joseph Powell
This Article discusses the current administration of the U.S. antidumping and countervailing duty laws in proceedings involving products from Mexico. Specifically, this Article begins by providing an overview of the basic statutory and regulatory provisions of the U.S. antidumping duty law, emphasizing the application of certain provisions in cases involving imports from Mexico. The Article then focuses its discussion upon recent developments in the U.S. countervailing duty law that have had a unique effect upon Mexican exporters. The Article continues by highlighting the antidumping and countervailing duty provisions of the recently concluded U.S.-Canada Free Trade Agreement (the "FTA" or "Agreement"). …
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 …
Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell
Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell
Stephen Joseph Powell
This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.
The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz
The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz
Stephen Joseph Powell
As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …