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Full-Text Articles in Law

The New Anti-Dumping Procedures Of The Trade Agreements Act Of 1979: Does It Create A New Non-Tariff Trade Barrier, Timothy J. Patenode Jan 1980

The New Anti-Dumping Procedures Of The Trade Agreements Act Of 1979: Does It Create A New Non-Tariff Trade Barrier, Timothy J. Patenode

Northwestern Journal of International Law & Business

The Trade Agreements Acts of 19791 contains what is likely to be the most extensive modification of U.S. anti-dumping law since the passage of the original Antidumping Act of 1921.2 The new law makes five significant changes in anti-dumping investigation procedures which are intended to streamline investigations, to provide prompter and more effective relief for domestic industries threatened by unfair foreign competition, and to provide the agencies with a clearer defini- tion of their responsibilities.3 These worthy intentions, however, have produced a system that is unfairly burdensome to foreign manufacturers and domestic import- ers


Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber Jan 1980

Reorganization Plan No. 3 Of 1979: Revamping The U.S. Trade Machinery, Eliot B. Schreiber

Northwestern Journal of International Law & Business

The United States is no longer the successful competitor it once was in the international marketplace.I During the last decade, concern has grown in both the national and international communities about the way in which United States trade policy is formulated and imple- mented. This concern has resulted in a reorganized and strengthened U.S. trade machinery. Briefly, the Carter Administration's new Reor- ganization Plan No. 3 of 19792 has placed the responsibility for the negotiation of foreign trade matters and for the formulation of trade policy in the Office of the United States Trade Representative (USTR), and has called upon …


Competition, Trade, And The Antitrust Division: 1981, Joel Davidow Jan 1980

Competition, Trade, And The Antitrust Division: 1981, Joel Davidow

Northwestern Journal of International Law & Business

One of the primary purposes-some would say the primary pur- pose--of antitrust laws is to promote efficient allocation of resources and maximum consumer choice by preventing and punishing artificial barriers to competition and unreasonable restraints of trade.' The An- titrust Division of the U.S. Department of Justice has therefore con- cerned itself with the task of breaking down those barriers. In the domestic field, this policy has traditionally taken the form of prosecut- ing persons and corporations who engage in price fixing or market divi- sion, or who obtain or maintain monopoly power by means of abusive practices. More recently, …


Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer Jan 1980

Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer

Northwestern Journal of International Law & Business

Although the General Agreement on Tariffs and Trade (GATT)' has been in existence for over two decades, a workable system has only recently developed for resolving disputes between contracting parties. Since its inception, the GATT has been designed to promote the grad- ual dissolution of trade barriers between the major mercantile countries of the world.2 In its early years, the GATT approached this ambitious goal solely through irregular negotiating "rounds" at which the Con- tracting Parties (the nations signatory to the GATT) mutually agreed to reduce their tariff barriers. There was little attempt to develop an effec- tive enforcement mechanism …


The Export Administration Act Of 1979: An Examination Of Foreign Availability Of Controlled Goods And Technologies, Shirley Miller Dvorin Jan 1980

The Export Administration Act Of 1979: An Examination Of Foreign Availability Of Controlled Goods And Technologies, Shirley Miller Dvorin

Northwestern Journal of International Law & Business

The Export Administration Act of 19791 amended thirty years of legislative controls over the export of advanced technology2 to the So- viet Union and other non-market economy countries.' Since first en- acted, these post-World War II export controls attempted to reconcile the conflicting objectives of protecting national security while promot- ing United States international trade.4 Nonetheless, the increasing availability of advanced goods and technologies from foreign sources to communist nations has undermined both these objectives.


Establishing American Trading Companies, Franklin A. Cole Jan 1980

Establishing American Trading Companies, Franklin A. Cole

Northwestern Journal of International Law & Business

On September 3, 1980, the United States Senate, by unanimous vote, passed landmark legislation designed to increase American ex- ports of products and services by encouraging formation of U.S. export trading companies.' The Export Trading Company Act of 1980,2 rein- troduced and at this writing awaiting approval by a new Congress,3 is a significant first step in offering American companies, particularly those of small and medium size, the opportunity to enter markets on a par with their international foreign competitors. The Act moderates re- strictions that have blocked the growth of full-range export trade ser- vice companies that would help …