Law Commons^™

Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao

Research Collection Yong Pung How School Of Law

IT HAS become more commonplace for trade agreements in the Asia Pacific to include a variety of digital trade provisions. To understand the salient features of these agreements, it is helpful to map out their main baseline features. Doing so also indicates where digital trade agreements may be going or need to go. This mapping covers all free trade agreements (FTAs) with chapters on e-commerce or digital trade since 2000 by the main players in the region-China, South Korea, Japan, India, Australia, New Zealand, Singapore, Vietnam and Malaysia.

Taxing, Regulating, And Trading Carbon: An Introduction To The Symposium, Timothy Meyer

Faculty Scholarship

No abstract provided.

American Common Market Redux, Richard Collins

Publications

The Tennessee Wine case, decided in June of 2019, had a major effect on the path of the law for an issue not argued in it. The Supreme Court affirmed invalidity of a protectionist state liquor regulation that discriminated against interstate commerce in violation of the dormant commerce clause doctrine. Its holding rejected a vigorous defense based on the special terms of the Twenty-first Amendment that ended Prohibition—an issue of interest only to those involved in markets for alcoholic drinks. However, the Court’s opinion removed serious doubts about validity of the Doctrine itself, even though the petitioner and supporting amici …

Why Ricardo's Theory Of Comparative Advantage Regarding Foreign Trade Doesn't Work In Today's Global Economy, Charles W. Murdock

Faculty Publications & Other Works

The theoretical basis for international trade is Ricardo’s theory of comparative advantage. Paul Samuelson, one of the leading lights in the economics profession in the 20th century, referred to it as one of the most beautiful ideas in economics. Yet, no one seems to have considered its validity in the context of the current global trade environment.

What free-trade advocates have not done is to look at the bases underlying Ricardo’s theory, namely, that capital is loyal to the country of origin and that the value of currencies is responsive to imbalances in trade. This article demonstrates that capital is …

Misaligned Lawmaking, Timothy Meyer

Faculty Scholarship

This Article makes three contributions. First, it introduces the Misalignment Thesis in the context of U.S. trade policy. The Misalignment Thesis is a descriptive claim about how the structure of a legislative bargain influences the long-term stability and effectiveness of that bargain. Second, the Article introduces the normative corollary to the Misalignment Thesis: if political stability hinges on respecting the legislative bargain, interdependent policies should be subject to renegotiation on the same timeline and implementation on the same terms. In light of this prescription, I offer three concrete proposals for aligning trade liberalization and trade adjustment assistance in order to …

Trade's Security Exceptionalism, Kathleen Claussen

Articles

At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. …

The Law And Politics Of Socially Inclusive Trade, Timothy Meyer

Faculty Scholarship

No abstract provided.

Free Trade, Fair Trade, And Selective Enforcement, Timothy Meyer

Faculty Scholarship

No abstract provided.

Restoring Trade's Social Contract, Frank J. Garcia, Timothy Meyer

Faculty Scholarship

No abstract provided.

Trade, Redistribution, And The Imperial Presidency, Timothy Meyer

Faculty Scholarship

No abstract provided.

Naftthe Road To Free Trade: Chilean Accession, James E. Etri

Law and Business Review of the Americas

No abstract provided.

Saving The Political Consensus In Favor Of Free Trade, Timothy Meyer

Vanderbilt Law Review

2016 was the year that the political consensus in favor of liberalized international trade collapsed. Today, across the world, voters' belief that international trade agreements lead to economic inequality threatens to derail ratification of the next generation of trade agreements and undo the substantial gains made under existing arrangements. The United States elected Donald Trump president on a platform of rolling back or renegotiating trade agreements. President Trump has moved to fulfill that promise immediately upon taking office by "unsigning" the Trans-Pacific Partnership ("TPP), the most recent major effort to liberalize global trading rules, and initiating efforts to renegotiate the …

Contents

Georgia Journal of International & Comparative Law

No abstract provided.

Trade Law’S Responses To The Rise Of China, Wentong Zheng

Wentong Zheng

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …

Trade Law’S Responses To The Rise Of China, Wentong Zheng

UF Law Faculty Publications

This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …

Balancing National Public Policy And Free Trade, Diane A. Desierto

Pace International Law Review

In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the …

Reconciling Cultural Diversity And Free Trade In The Digital Age: A Cultural Analysis Of The International Trade In Content Items, Claire Wright

Akron Law Review

This article is the first in a series of three articles by the same author on the subject of the World Trade Organization (WTO) rules on content items, such as movies and music recordings. This first article in the series provides a cultural analysis of the international trade in content items.

Customs Valuation In The European Economic Community, William M. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.

The Foreign Investment Review Agency (Fira) And The General Agreement On Tariffs And Trade (Gatt): Incompatible?, Emily F. Carasco

Georgia Journal of International & Comparative Law

No abstract provided.

Mega-Regional Trade, Joshua Meltzer

Brookings Scholar Lecture Series

This lecture will discuss the impact of the Trans Pacific Partnership negotiations and the Transatlantic Trade and Investment Partnership negotiations on U.S. economic competitiveness and leadership in Asia and Europe. This will lead into a discussion of large Free Trade Areas (FTA), or groups of countries that have few or no price controls in the form of tariffs or quotas between each other. FTAs allow the agreeing nations to focus on their comparative advantages and to produce the goods they are comparatively more efficient at making, thus increasing the efficiency and profitability of each country. We will explore the impact …

Antidumping Law: The Court Of International Trade Establishes The Guidelines The International Trade Commission Must Follow In Assessing The Validity Of An Existing Antidumping Order, Stephen E. Farish

Georgia Journal of International & Comparative Law

No abstract provided.

Challenges For Democracy And Trade: The Case Of The United States, Chantal Thomas

Chantal Thomas

Predominant political theory holds that legislators are protectionist regarding international trade because susceptibility to minority interest groups leads them to vote in ways that protect domestic industries at the expense of free trade. Because free trade is widely regarded as beneficial to the majority, the protectionist tendency of the legislature is believed to be a disservice to most Americans. These two theories have led to policies that restrict the role of the legislature in the formulation of trade policy, specifically, the creation of the fast track framework for trade policy legislation that exists today. This Essay challenges these two theories, …

Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Büthe

Faculty Scholarship

Trade agreements increasingly contain provisions concerning ‘behind-the-border’ barriers to trade, often beyond current World Trade Organization (WTO) commitments (Dur, Baccini and Elsig 2014). Today’s preferential trade agreements (PTAs) may include, for instance, rules regarding ‘technical’ barriers to trade that go beyond the WTO’s Agreement on Technical Barriers to Trade (TBT Agreement), accelerating the replacement of differing national product safety standards with common international standards and thus reducing the trade-inhibiting effect of regulatory measures (Buthe and Mattli 2011; World Trade Organization 2012). Today’s PTAs may also go beyond WTO rules in prohibiting preferences for domestic producers in government procurement (Arrowsmith and …

Congressional Perspective On Multilateral Trade Negotiations, Edgar L. Jenkins

Georgia Journal of International & Comparative Law

No abstract provided.

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"). …

U.S. Trade Policy: Increased Emphasis On Worker Rights, Marisa Anne Pagnattaro

Georgia Journal of International & Comparative Law

No abstract provided.

Rethinking Free Trade, Fernando L. Leila

Fernando Leila

This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …

Constructive Methods And Abuse Of Antiumping Laws: A Legal Analysis Of State Practice Within The Wto Framework, P.R. Thulasidhass

LOLNKK

This article outlines the problems of constructive antidumping methods utilised by some WTO member countries when imposing dumping duties on products from other countries, as well as their negative impacts on free trade. It highlights five such methods – the arm’s length test, the practice of zeroing, the constructed cost method, the use of downstream sales, and the captive production method – based on the analogy drawn from case laws decided by the WTO Appellate Body. The central theme of this article is that although the developed countries preach the concept of free trade, they do not follow the same …

Is Free Trade "Free?" Is It Even "Trade?" Oppression And Consent In Hemispheric Trade Agreements, Frank J. Garcia

Frank J. Garcia

In order for free trade as a policy to deliver fully on its social promise, it must be both “free” and “trade.” In fact, it must be free, in the sense of voluntary, to be trade at all. In other words, for normative and practical reasons, free trade requires that global economic relations be structured through agreements which reflect the consent of those subject to them. The neoliberal trading system today only imperfectly lives up to this obligation. In this essay, I will examine the role of consent in trade agreements, drawing on examples from CAFTA as representative of important …

The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia

Frank J. Garcia

No abstract provided.