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Public Law and Legal Theory

Journal

1979

Antidumping

Articles 1 - 2 of 2

Full-Text Articles in Law

Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams Jan 1979

Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams

Michigan Journal of International Law

It is the thesis of this article that the remedies for the import problem-- quotas, orderly marketing agreements, trigger price systems, and the like-do not provide adequate mechanisms for insuring acceptable industry performance or protecting the public interest. Instead of compelling--or even promoting-the kind of structural and behavioral changes which are imperative if an industry is to overcome its competitive infirmities, these protectionist devices, more often than not, are likely to have precisely the opposite effect, i.e., perpetuate the very infirmities that caused the industry's plight to begin with. In short, an ailing organism is not prepared for the …


An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft Jan 1979

An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft

Michigan Journal of International Law

Trade policymakers, like military strategists, are often "fighting the last war." Our present antidumping law was passed in 1921. It was a reaction to trade problems perceived in the years during and after World War I. The related countervailing duty law harks back to an even earlier era. Since their enactment we have tinkered with each. Administration of both statutes has been surrounded by extensive regulations and a body of unwritten practice. But solving the trade problems of today-if that is what we are doing-with this elaborate legal corpus will not necessarily provide us with a sensible guide to the …