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Full-Text Articles in Law
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Trade Law’S Responses To The Rise Of China, Wentong Zheng
Wentong Zheng
This Article offers a systematic examination of trade law’s responses to the emergence of China as a major player in world trade. As an intricate set of rules written largely prior to the advent of the China era, trade law had to readjust to the powerful newcomer in ways that eventually changed trade law itself. This Article investigates these changes in four major areas of trade law: antidumping, countervailing duties, safeguards, and managed trade. In almost all of those areas, trade law witnessed a protectionist shift against Chinese products at the expense of sound, consistent principles. But, at the same …
Reforming Trade Remedies, Wentong Zheng
Reforming Trade Remedies, Wentong Zheng
Wentong Zheng
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.
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
John J. Barceló III
This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.
Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii
Antidumping Laws As Barriers To Trade--The United States And The International Antidumping Code, John Barceló Iii
John J. Barceló III
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
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
Stephen Joseph Powell
This Article discusses the current administration of the U.S. antidumping and countervailing duty laws in proceedings involving products from Mexico. Specifically, this Article begins by providing an overview of the basic statutory and regulatory provisions of the U.S. antidumping duty law, emphasizing the application of certain provisions in cases involving imports from Mexico. The Article then focuses its discussion upon recent developments in the U.S. countervailing duty law that have had a unique effect upon Mexican exporters. The Article continues by highlighting the antidumping and countervailing duty provisions of the recently concluded U.S.-Canada Free Trade Agreement (the "FTA" or "Agreement"). …
Claims Under The Administrative Procedure Act Before The Court Of International Trade — A General Overview And Analysis Of Significant Recent Jurisprudence, Mark A. Moran, Wentong Zheng
Claims Under The Administrative Procedure Act Before The Court Of International Trade — A General Overview And Analysis Of Significant Recent Jurisprudence, Mark A. Moran, Wentong Zheng
Wentong Zheng
At first blush, the subject matter of this paper would seem a particularly anomalous topic for discussion at a conference devoted to the jurisprudence of the U.S. Court of International Trade (“CIT”). After all, among the some four thousand published decisions the CIT has issued since its creation in 1980, relatively few have involved causes of action predicated explicitly on the Administrative Procedure Act (“APA”). One might reasonably ask why we should bother devoting an entire panel discussion to an issue that so infrequently commands the CIT’s attention. The first answer is that all is not as it seems, and …
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Pierce Lee Mr.
Harvard Law Professor Mark Wu, in his 2012 article “Antidumping in Asia’s Emerging Giants,” makes six proposals to reform World Trade Organization (WTO) law on antidumping (AD). One of those proposals is the requirement that all complaints for dumping be accompanied by proof of the underlying unfair trade practice that enables dumping. Wu predicts that this requirement would make it more difficult to use AD abusively so that a country could no longer “punish” foreign producers engaging in price differentiation for strategic purposes. Although Wu may be right about the short-term potential effect of this reform proposal, I do not …
Las Investigaciones En Materia De Antidumping. Análisis Del Decreto 2550 De 2010 Frente A Las Investigaciones Para Imponer Derechos Antidumping En Colombia, Juan David Barbosa
Las Investigaciones En Materia De Antidumping. Análisis Del Decreto 2550 De 2010 Frente A Las Investigaciones Para Imponer Derechos Antidumping En Colombia, Juan David Barbosa
Juan David Barbosa Mariño
Este artículo presenta las aspectos más relevantes que deben ser analizados para entender una investigación en materia de imposición de derechos antidumping en Colombia.
Antidumping Duties In The Agriculture Sector: Trade Restricting Or Trade Deflecting?, Nisha Malhotra, Horatiu Rus, Shinan Kassam
Antidumping Duties In The Agriculture Sector: Trade Restricting Or Trade Deflecting?, Nisha Malhotra, Horatiu Rus, Shinan Kassam
Nisha Malhotra
In this paper we analyze whether U.S. Anti-Dumping (AD) duties in the agricultural sector are effective in restricting trade. More specifically, does imposition of an antidumping duty restrict imports of the named commodity or is there a diversion in the supply of imports from countries named in the petition to countries not named in the antidumping petition? We find that AD duties have had a significant impact on the imports of agricultural commodities from the countries named in the petition. However, our results also indicate that, unlike the manufacturing sector in the US, there was little trade diversion towards countries …
Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor
Double Protection: The Case Against The "Byrd Amendment" Of U.S. Trade Law, Perry S. Bechky, Anne Macgregor
Perry S. Bechky
Under the Byrd Amendment of 2000, all collected antidumping and countervailing duties must be distributed among U.S. companies that successfully petition for the imposition of those duties. The Byrd Amendment created an economic incentive for the proliferation of trade cases. A strong legal case can be made that the Byrd Amendment is inconsistent with WTO rules.