Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Trade Law (38)
- International Law (10)
- Legislation (9)
- Administrative Law (8)
- Antitrust and Trade Regulation (7)
-
- Transnational Law (4)
- Comparative and Foreign Law (3)
- Jurisdiction (3)
- Law and Economics (3)
- Commercial Law (2)
- European Law (2)
- Intellectual Property Law (2)
- Legal History (2)
- Litigation (2)
- Public Law and Legal Theory (2)
- Agriculture Law (1)
- Constitutional Law (1)
- Evidence (1)
- Judges (1)
- Jurisprudence (1)
- Law and Politics (1)
- Legal Education (1)
- Legal Profession (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Organizations Law (1)
- Science and Technology Law (1)
- Tax Law (1)
- Taxation-Federal Estate and Gift (1)
- Institution
- Publication Year
Articles 1 - 30 of 45
Full-Text Articles in Law
A Comment On Standard Furniture Manufacturing Co. V. United States And United States International Trade Commission, 37 F.Supp.3d 1365 (2014), Morgan Martinez
A Comment On Standard Furniture Manufacturing Co. V. United States And United States International Trade Commission, 37 F.Supp.3d 1365 (2014), Morgan Martinez
South Carolina Journal of International Law and Business
No abstract provided.
Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton
Administration Of Import Trade Statutes: Possibilities For Harmonizing The Investigative Techniques And Standards Of The International Trade Commission, Edward R. Easton
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Anti-Dumping Law In A Liberal Trade Order. Richard Dale. New York: St. Martin's Press, 1980., Edward R. Easton
Book Review: Anti-Dumping Law In A Liberal Trade Order. Richard Dale. New York: St. Martin's Press, 1980., Edward R. Easton
Georgia Journal of International & Comparative Law
No abstract provided.
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.
Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law
Annual Survey Of Developments In International Trade Law: 1984, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis
United States - European Economic Community Antidumping Laws: The Need For A Comprehensive Approach, Larry B. Loftis
Georgia Journal of International & Comparative Law
No abstract provided.
Antidumping - Redefinition Of Confidentiality And Right Of Judicial Review - Institution Of A New Form Of Relief: Timex Corporation V. Council And Commission Of The European Communities, Carlton L. Kell
Georgia Journal of International & Comparative Law
No abstract provided.
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.
Imports - Cumulation And Unfair Trade Competition - Cumulation Deemed Proper When A "Reasonable Overlap" Of Competition Exists. Wieland Werke A.G. V. United States, 718 F. Supp. 50 (Ct. Int'l Trade 1989), Kristine R. Berry
Georgia Journal of International & Comparative Law
No abstract provided.
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds
Georgia Journal of International & Comparative Law
No abstract provided.
The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell
The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell
Canada-United States Law Journal
Antidumping duties are a trade remedy often utilized against producers in the United States' own bilateral trading partners. Because of Chevron deference, foreign companies are at greater risk of being branded "dumpers" simply upon the onset of a petition. On March 15, 2013, the United States celebrated the one-year anniversary of the signing into force of the Korea-US (KORUS) Free Trade Agreement and its promise to eliminate barriers and tariffs.
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Reforming Trade Remedies, Wentong Zheng
Reforming Trade Remedies, Wentong Zheng
Michigan Journal of International Law
This Article aims to restart the debate on trade remedies by offering new perspectives on the fundamental defects of the current trade remedy regime and proposing a bold yet feasible road map for reforms. As shall become clear, the debate on trade remedies is an essential component of the broader debate on trade protectionism, an issue that has never been more important in light of the challenges facing the world economy today. Reforming trade remedies, therefore, has far-reaching implications for the global trade agenda.
Nafta Chapter 19 Binational Panel Reviews - Still A Zero Sum Game: The Wire Rod Decision And Its Progeny, Edward Tracy
Nafta Chapter 19 Binational Panel Reviews - Still A Zero Sum Game: The Wire Rod Decision And Its Progeny, Edward Tracy
American University International Law Review
No abstract provided.
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.
Shrimp Dumping: An Analysis Of Antidumping Laws In The United States And The World Trade Organization, Curtis Beaulieu
Shrimp Dumping: An Analysis Of Antidumping Laws In The United States And The World Trade Organization, Curtis Beaulieu
South Carolina Journal of International Law and Business
No abstract provided.
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 …
Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang
Like Father, Like Son: A Progeny Of The Antidumping Model For The Shipbuilding Industry, Seung Wha Chang
Michigan Journal of International Law
This Article is organized in the following manner: Part II introduces the OECD Secretariat's proposed pricing mechanisms based on the IPC antidumping model, while Part III provides for a critical evaluation of the proposed pricing mechanisms. First, Part III explains the reasons why the IPC antidumping model does not fit the shipbuilding industry due to the unique characteristic of the shipbuilding market. This Part thereafter demonstrates why the antidumping regime, as well as the proposed pricing mechanism, cannot be justified under the competition policy standards. While criticizing defenses for the current antidumping regime, Part III demonstrates why the proposed pricing …
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich
American University Law Review
No abstract provided.
Free Trade Realism In The International Market: Towards A Sensible, Privately-Enforced Antidumping Statute, Stephen F. Moller
Free Trade Realism In The International Market: Towards A Sensible, Privately-Enforced Antidumping Statute, Stephen F. Moller
Santa Clara Law Review
No abstract provided.
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Michigan Journal of International Law
In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Michigan Journal of International Law
Part II of this article will diagnose the phenomenon of diversion in the context of antidumping law. Parts III and IV will address the present approaches towards diversion in the United States and the European Communities respectively. Part V will briefly compare the Australian and Canadian approaches. Part VI will evaluate the assorted propositions made in the Uruguay Round. Part VII will probe the GATT Panel report on the EC's parts amendment and its possible repercussions for the anti-diversion debate in GATT. Part VIII will provide conclusions and suggest possible improvements.
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Hidden Agenda: The Expansion Of Product Scope In International Trade Proceedings, Timothy A. Harr
Michigan Journal of International Law
Part II of this Article examines current legal standards. It concludes that U.S. product scope rulings are nominally made pursuant to a set of objective legal/factual standards, but that because of the breadth of these standards, the Commerce Department has considerable discretion in making such decisions. Part III examines recent Commerce Department product scope rulings, which highlights a policy goal of prevention of evasion by foreign suppliers. The Department, which technically has no authority to expand the product scope and no formal authority to consider evasion, is uncomfortable with this current situation. This has caused the Administration to propose amendments …
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 …
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Introduction: Perspectives On Antidumping Law And Policy, John J. Jackson
Michigan Journal of International Law
The successful dismantling of most high tariffs of the noncommunist industrialized world over the last thirty years has revealed other trade measures which previously posed relatively little risk to the flow of trade. One such measure is "antidumping duties," which each year seems to grow more prominent as a cause of tension between trading nations. Although in recent months front-page news stories have focused considerable attention on the problems of dumping and the response of antidumping duties, it is probably safe to assume that the general public, and even most laymen, have little understanding of the practice and concept of …
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson
Michigan Journal of International Law
This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland
Michigan Journal of International Law
When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …
Antidumping Law In Japan, Gary Saxonhouse
Antidumping Law In Japan, Gary Saxonhouse
Michigan Journal of International Law
The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.