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Full-Text Articles in Transnational Law
Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau
Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau
Thomas Carbonneau
With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …
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 …
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 …