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Series

Duke Law

2019

International Trade Law

Commercial policy

Articles 1 - 2 of 2

Full-Text Articles in Law

Analyzing The Trump Administration's International Trade Strategy, Rachel Brewster Jan 2019

Analyzing The Trump Administration's International Trade Strategy, Rachel Brewster

Faculty Scholarship

No abstract provided.


Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman Jan 2019

Trade And The Separation Of Powers, Timothy Meyer, Ganesh Sitaraman

Faculty Scholarship

There are two paradigms through which to view trade law and policy within the American constitutional system. One paradigm sees trade law and policy as quintessentially about domestic economic policy. Institutionally, under the domestic economics paradigm, trade law falls within the province of Congress, which has legion Article I powers over commercial matters. The second paradigm sees trade law as fundamentally about America’s relationship with foreign countries. Institutionally, under the foreign affairs paradigm, trade law is the province of the President, who speaks for the United States in foreign affairs. While both paradigms have operated throughout American history, the domestic …