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Full-Text Articles in Law
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Antidumping And Cotton Subsidies: A Market-Based Defense Of Unfair Trade Remedies, Nadia E. Nedzel
Northwestern Journal of International Law & Business
This article argues that trade remedies, problematic though they may be, provide a legal framework in which litigation can and must be promulgated to protect the benefits of a global market economy.
Bilateralism Under The World Trade Organization, Y.S. Lee
Bilateralism Under The World Trade Organization, Y.S. Lee
Northwestern Journal of International Law & Business
The establishment of the World Trade Organization ("WTO"), which replaced the five decades of the General Agreement on Tariffs and Trade ("GATT") regime,' has significantly reinforced multilateral control over international trade on a global scale. As of October 2005, membership in the WTO has reached 148 nations, including the majority of former Soviet bloc and other communist countries,2 making the WTO the "United Nations of International Trade.",3 WTO disciplines have significant impact on world trade today; they have been enforced by the monitoring activities of various WTO bodies and by strengthened dispute resolution mechanisms. In addition, a significant number of …
Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan
Injury Investigations In "Material Retardation" Antidumping Cases, Prakash Narayanan
Northwestern Journal of International Law & Business
Despite the criticisms of economists to antidumping measures, they continue to be the most often used trade remedy measure. A new trend that may be observed is the use of the "material retardation" standard of injury to demonstrate injury to domestic industry that is one of the requirements for imposing antidumping duty. It is essential to be wary of this trend as unlike the other two types of injury, the WTO lacks specific guidelines for the use of this standard. The general rules in the Antidumping Agreement are unsuitable for the situations where the material retardation standard is relevant, and …
Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee
Test Of Multilateralism In International Trade: U.S. Steel Safeguards, Y.S. Lee
Northwestern Journal of International Law & Business
The highly publicized safeguard measures applied by the United States to an array of steel products in 2002 became one of the biggest and most controversial trade disputes in recent history. Virtually all major trading nations in the world, including the European Community, Japan , China , Brazil , Korea , New Zealand , Switzerland and Norway , were the direct parties to this dispute with the United States . The contentious legal grounds of the U.S. safeguard measures, as well as the lack of adequate consultations between the United States and its trading counterparts, have brought the international community …
Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes
Northwestern Journal of International Law & Business
International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.
This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Trips' Rebound: An Historical Analysis Of How The Trips Agreement Can Ricochet Back Against The United States, Donald P. Harris
Northwestern Journal of International Law & Business
Recently, scholars and commentators around the world have reexamined the role intellectual property rights (IPRs) play in hindering or helping developing countries. These scholars have questioned the doctrine the IPRs help developing countries by promoting economic development, increasing foreign direct investment, stimulating domestic innovation, and improving access to new technologies, and have concluded that imposing "Western-styled" intellectual property regimes (e.g., the U.S. patent regime) on developing countries harms those countries. In particular, such regimes fail to bring any of the purported benefits, while they impose many costs, including preventing people from obtaining life-saving drugs. This Article argues that it is …
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
Northwestern Journal of International Law & Business
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …
Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan
Northwestern Journal of International Law & Business
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …
The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer
The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer
Northwestern Journal of International Law & Business
The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani
Northwestern Journal of International Law & Business
The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
The Fatal Flaw In Nafta, Gatt And All Other Trade Agreements, Robert W. Mcgee
Northwestern Journal of International Law & Business
Although the North American Free Trade Agreement, (NAFTA), contains more detailed environmental provisions than any previous trade agreement,' only some of them are mandatory. These mandatory NAFTA environmental rules purport to prevent the use of environmental policy instruments as disguised barriers to trade. Since most human activities have some impact on the environment, a vast array of government regulation could potentially be characterized as relating to the environment. This fact increases the risk that domestic industries will exploit political discretion over environmental policy implementation to put foreign competitors at a disadvantage by raising non-tariff barriers to trade. It is important …
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
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 New Protectionism, Carl J. Green
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
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 …