Law Commons^™

International Patent Law Developments, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Commentary, William T. Fryer, Iii

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Gatt And Nafta Provisions On Intellectual Property, Emery Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trade, Trips And Nafta, Joel R. Reidenberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Struggle To "Green" G.A.T.T.: Free Trade And Environmental Responsibility In The Wake Of The United States-Mexico Tuna-Dolphin Dispute, Timothy Goplerud

William & Mary Environmental Law and Policy Review

No abstract provided.

Japan In The Ec: Changing Strategies For Changing Times, Andrea R. Reichel

Vanderbilt Journal of Transnational Law

This Note addresses the effects of European integration on Japanese-Community trade relations. It explores, in order, the effects of the customs union and the common customs tariff, the changing quota system, the Community's anti-dumping legislation and rules of origin, and voluntary export restraint agreements. The Note also considers the effect of the General Agreement on Tariffs and Trade (GATT) on these trade relations. While recognizing that the Community is taking steps to impede Japanese investment in the Community, the author observes that some of these measures may be neither legal nor effective. The author concludes that Japan is well-positioned to …

Maquiladoras: Will The Program Continue., Cheryl Schechter, David Brill Jr.

St. Mary's Law Journal

This Article will discuss the industry and relevant aspects of the legal framework which evolved into the modern maquiladora operation. It will also analyze the possible impact of the ongoing North American Free Trade Agreement (NAFTA) negotiations on the Mexican maquiladora industry. In the late seventies and early eighties, Mexico plunged into an economic crisis brought on in part by its almost exclusive dependence on oil exports. The extreme drop in the international oil market forced the country to restructure its economy with a greater emphasis on manufacturing for export. Mexico’s maquiladora program played a key role in this aspect …

United States Customs Law Affecting The Movement Of Goods Into And Out Of Mexico., Robert T. Givens, Rayburn Berry

St. Mary's Law Journal

Trade between the United State and Mexico rose dramatically over the past decade. Several factors account for this increase in trade. These factors include the relative weakness of the Mexican currency, growth of the maquiladora industry, and increased Mexican production of exportable products generally. Other factors include Mexico’s 1986 accession to General Agreements Tariff and Trade (GATT), the resultant lowering of Mexican customs duties, and a good long-term working relationship between the two countries. If ongoing negotiations culminate in a North American Free Trade Agreement (NAFTA) the trend will accelerate.

Laws regulating the importation of merchandise into the United States …

General Agreement On Tariffs And Trade: The Effect Of The Uruguay Round Multilateral Trade Negotiations On U.S. Intellectual Property Rights, Solomon F. Balraj

Case Western Reserve Journal of International Law

No abstract provided.

The U.S./Mexico Tuna Embargo Dispute: A Case Study Of The Gatt And Environmental Progress, Carol J. Beyers

Maryland Journal of International Law

No abstract provided.

Gatt And The Developing World: Is A New Principle Of Trade Liberalization Needed?, Roshani M. Gunewardene

Maryland Journal of International Law

No abstract provided.

Gatt Safeguards: A Critical Review Of Article Xix And Its Implementation In Selected Countries, Jorge F. Perez-Lopez

Case Western Reserve Journal of International 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

Northwestern Journal of International Law & Business

U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.

The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand

Penn State International Law Review

The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.

Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott

Vanderbilt Journal of Transnational Law

This Article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT). Mr. Abbott analyzes the intellectual property problem in the context of the GATT framework and the weakness of current intellectual property protection. Developing countries do not accept the United States contention either that intellectual property is covered implicitly by the GATT or that the current lack of protection reflects a fundamental flaw in the General Agreement. Mr. Abbott focuses on this disagreement in laying out the framework for possible solutions, which …

Law And Its Limitations In The Gatt Multilateral Trade System, By Oliver Long, Brian V. Kennedy

Maryland Journal of International Law

No abstract provided.

Gatt And Recent International Trade Problems, John H. Jackson

Maryland Journal of International Law

No abstract provided.

Commentary: Does The United States Need An Alternative Tax Base?, James W. Childs

Akron Tax Journal

This article looks at the alternative tax systems of France, Italy, Greece, Switzerland, and Yugoslavia and compares that to the system in the United States. It uses this comparison to discuss whether an alternative tax base is necessary in the United States.

Gatt And The Vra: Japanese Automobile Imports And Trade Protectionism, Gregory S. Kurey

Penn State International Law Review

This Comment discusses the international trade implications of the VRA on Japanese-American automobile trade and the utilization of GATT as a legal instrument for addressing the problem at hand. The comment begins with a basic overview of the development of the import problem and the current status of the VRA. The Comment will then discuss the traditional applications of the Article XIX escape clause provision of GATT, its shortcomings, and potential changes that would increase GATT's effectiveness in dealing with the Japanese import problem and escape clause actions. While other legal commentators have addressed these same issues, changes in the …

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.

Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman

Penn State International Law Review

This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.

Legal Problems In Expanding The Scope Of Gatt To Include Trade In Services, Philip H. Gold

Maryland Journal of International Law

No abstract provided.

The New Protectionism, Carl J. Green

Northwestern Journal of International Law & Business

One of the crucial challenges of the Eighties is to maintain an open and expanding international trade system. Despite the successful completion of the Tokyo Round of Multilateral Trade Negotiations in 1979,' the liberal principles of the General Agreement on Tariffs and Trade (GATT) are under increasing attack. Protectionism has become increasingly prevalent in Europe and is mounting rapidly in the United States. The principal targets of protectionism are Japan, the newly industrialized countries of Asia3 and the developing countries generally, whose expanding exports represent serious challenges to traditional industrial sectors in the mature industrial countries. Unless the doors of …

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 Gatt Panel Report On Domestic International Sales Corporations: Illegal Subsidy Under The Gatt

Maryland Journal of International Law

No abstract provided.

Recent Developments In The Legal Framework Of U.S.-Canadian Trade, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

This paper reviews recent trade law developments affecting U.S.-Canadian trade flows. Specifically, it covers: (1) the General Agreement on Tariffs and Trade, (2) the Agreement with Canada Concerning Automotive Products, and (3) several provisions of U.S. law which directly affect U .S.-Canadian trade. Illustrated is the dynamic and complex system of laws through which national economic policies are implemented. While great progress has been made in the reduction of trade barriers, there are still a number of serious problems which need to …

Subsidies And Countervailing Duties In The Gatt, John W. Evans

Maryland Journal of International Law

No abstract provided.

The General Agreement On Tariffs And Trade In United States Domestic Law, John H. Jackson

Michigan Law Review

This article will undertake a two-step analysis. First, in Part II, the question whether GATT is legally a part of United States domestic law will be examined. Then, assuming GATT is part of this law, Part III will examine the extent of GATT's domestic law effect and its general relationship to other law, both federal and state. The chosen focus of this article thus excludes treatment of substantive obligations under specific GATT clauses. It also excludes intensive development of the myriad details of the scope of executive authority to negotiate particular trade concessions under legislation such as the Trade Expansion …