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Articles 1 - 16 of 16
Full-Text Articles in Law
The Federal Coal Leasing Program As An Actionable Subsidy Under International Trade Law, Jackson Erpenbach
The Federal Coal Leasing Program As An Actionable Subsidy Under International Trade Law, Jackson Erpenbach
Michigan Journal of Environmental & Administrative Law
The World Trade Organization (WTO) is often criticized for standing in the way of responses to climate change. Restrictions on domestic renewable energy subsidies under the Agreement on Subsidies and Countervailing Measures (SCM Agreement) have drawn particular disfavor. But critics overlook the role that the SCM Agreement can play in similarly disciplining domestic fossil fuel subsidies. This Note demonstrates that potential role by focusing on one prominent fossil fuel subsidy in the United States: The Bureau of Land Management’s (BLM) coal leasing program on federal lands. The program is an actionable subsidy under the SCM Agreement because it provides coal …
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah
Articles
The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties from the …
Explaining Trade Agreements: The Practitioners' Story And The Standard Model, Donald H. Regan
Explaining Trade Agreements: The Practitioners' Story And The Standard Model, Donald H. Regan
Articles
There are two widely accepted explanations of why politically motivated governments make trade agreements. There is an informal explanation, which I shall call the ′practitioners′ story′, even though it is most economists′ informal view as well. And there is a formal explanation in the economics literature, which I shall call the ′standard model′, referring to the basic structure shared by the Bagwell-Staiger and Grossman-Helpman models. Unfortunately, the practitioners′ story and the standard model contradict each other at every crucial point. For example, in the practitioners′ story, trade agreements are about reducing politically motivated protectionism; and getting an agreement depends on …
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan
Articles
US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …
Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook
Metals Or Management? Explaining Africa's Recent Economic Growth Spurt, Laura Nyantung Beny, Lisa D. Cook
Articles
Explanations for Africa's poor long-run growth performance have varied over time. The theories examined include geography (Jeffrey D. Sachs and Andrew Warner 1997); institutions (William Easterly and Ross Levine 1997; Daron Acemoglu, Simon Johnson, and James Robinson 2001, 2002; Nathan Nunn 2007, 2008); health (David Bloom and Sachs 1998; Gregory N. Price 2003); and economic dependency (William Darity 1982). More recently, economists have attempted to explain what The Economist has called Africa's new "period of unparalleled economic success" (The Economist 2008a, 33). Average annual real GDP growth was 1.8 percent between 1980 and 1989 and increased to 4.4 percent between …
Judicial Review Of Member-State Regulation Of Trade Within A Federal Or Quasi-Federal System: Protectionism And Balancing, Da Capo, Donald H. Regan
Judicial Review Of Member-State Regulation Of Trade Within A Federal Or Quasi-Federal System: Protectionism And Balancing, Da Capo, Donald H. Regan
Articles
The topic of this Essay is not one Terry Sandalow has worked on, but he got me started on it by organizing, with Eric Stein, the Bellagio Conference on comparative constitutional economic integration in the United States and the European Community. For that, and for thirty-three years during which he has been an unfailingly stimulating and supportive colleague, Dean, and friend, I am deeply grateful.
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
U.S. Government Control Over The Export Of Scientific Research And Other Technical Data: Holes In The Sieve, Robert Greenspoon
Michigan Journal of International Law
In Part I, I establish the backdrop for answering the question by describing the kinds of scientific data that might be subject to security classification and export licensing. In Part II, I outline briefly who chooses what should be restricted and who enforces these restrictions. In Part III, I describe several situations in which the federal government has vigorously enforced controls over the dissemination of scientific information. I also analyze two recent cases involving computer software that I believe analogize directly to the scientific endeavor. Finally, in Part IV, I explain why First Amendment barriers, the growth of the Internet …
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
Michigan Journal of International Law
As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst
Michigan Journal of International Law
This article, part of an in-depth comparative study of municipal anti-dumping laws in Australia, Canada, the European Economic Community and the United States, does not purport to undertake a comprehensive comparative analysis of the anti-dumping laws of the four jurisdictions. Its aim is, rather, to examine the core concepts and some of the core salient features of the laws as developed in actual practice, and to consider the problems that have arisen in these jurisdictions and their solutions. For this purpose, section I will analyze procedural issues, section II substantive issues of dumping, and section III substantive issues of injury. …
The Specificity Test Under U.S. Countervailing Duty Law, Pieter Matthijs Alexander
The Specificity Test Under U.S. Countervailing Duty Law, Pieter Matthijs Alexander
Michigan Journal of International Law
This article argues that "specificity" should be required before a benefit can be considered a countervailable subsidy. Subsequently, it explains the shades of the specificity test under U.S. law, and how the agency which administers countervailing duty law applies that test. Finally, this article discusses whether, under U.S. law, it is sufficient to rely on this test or whether additional requirements should be imposed before a benefit is deemed a countervailable subsidy.
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Michigan Journal of International Law
Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
Michigan Journal of International Law
Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.
Attacking The Trade Deficit, Dennis Unkovic
Attacking The Trade Deficit, Dennis Unkovic
Michigan Journal of International Law
In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.
Extraterritorial Application Of The Export Administration Act Of 1979 Under International And American Law, Michigan Law Review
Extraterritorial Application Of The Export Administration Act Of 1979 Under International And American Law, Michigan Law Review
Michigan Law Review
This Note investigates the legality of the extraterritorial application of the EAA under American and international law, with a particular focus on the presidential action in the Soviet Oil and Gas Equipment Export Controls case (hereinafter the Soviet Pipeline case). Part I examines the language and legislative history of the EAA and concludes that Congress clearly and affirmatively expressed its intention to apply export controls to foreign subsidiaries of American corporations as well as goods and technology that originate in the United States. Part II analyzes the extraterritorial application of the EAA under the generally recognized principles of international law. …
Anti-Dumping Law In A Liberal Trade Order, Michigan Law Review
Anti-Dumping Law In A Liberal Trade Order, Michigan Law Review
Michigan Law Review
A Review of Anti-Dumping Law in a Liberal Trade Order by Richard Dale
The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller
The Antidumping Act And The Future Of East-West Trade, Peter Buck Feller
Michigan Law Review
Because of the peculiarities of price formation in Communist countries, both with regard to export commodities and those intended for domestic consumption, the applicability of traditional antidumping concepts to communist price discrimination, and the usefulness of the Antidumping Act of 1921 in coping with it, are questions which should be examined and resolved before moves toward freer trade between East and West reach full stride. The essence of the problem was captured in a 1963 statement by the then Senator Humphrey: "The present act is ineffective in preventing dumping from communist countries, which can control their home prices by state …