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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.
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 …
Eec Antidumping Law And Trade Policy After Ballbearings Ii: Discretionary Decisions Masquerading As Legal Process, James K. Lockett
Eec Antidumping Law And Trade Policy After Ballbearings Ii: Discretionary Decisions Masquerading As Legal Process, James K. Lockett
Northwestern Journal of International Law & Business
This Article examines whether EEC antidumping law is maturing into a rational, fair, and cohesive set of rules and procedures while in the midst of this shift to a policy orientation. In setting the framework for this analysis, this Article first examines recent changes in EEC antidumping law, briefly reviewing earlier European Court of Justice ("Court") decisions, 7 and summarizing legal issues currently being discussed.' In this analysis, the important role of judicial review will be shown. This Article closes by addressing the effect of the Court's decisions and the extent to which they have contributed to or impeded the …
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Dumping Of Non-Factor Services: Some Implications Of Recent Experiences With Controlled-Economy Shipping, John A. Zerby, Robert A. Ellsworth, Austin L. Schmitt
Northwestern Journal of International Law & Business
Dumping generally brings lower prices to the consumers of the importing country, the benefit of which is dispersed throughout the economy unless it is outweighed by genuine injury to a domestic industry. The essential element in the regulation of dumping is, therefore, the problem of determining when injury is sufficient to justify remedial action. In the United States, and in many other countries, the standard for such determination have evolved from the notion that dumping is an example of price discrimination between countries. If a higher price in the exporting country can be traced to monopolistic control over the domestic …
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
The Retroactive Application Of The Antidumping Act Of 1921, Thomas E. Johnson
Northwestern Journal of International Law & Business
In 1921, the United States Congress enacted the Antidumping Act which provides for the imposition of dumping duties on imports sold to United States merchants at prices below their fair value. The Act permits the assessment of dumping duties retroactively on merchandise imported up to one hundred and twenty days before a complaint of dumping has been filed with the Commissioner of Customs. Mr. Johnson examines the retroactive provisions of the Act and its regulations, the case law surrounding those provisions, and the constitutionality of the provisions. Against this background, he concludes that the retroactive application of the Act, particularly …