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Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec
Free Trade And The Regulatory State: A Gatts-Eye View Of The Dormant Commerce Clause, Daniel A. Farber, Robert E. Hudec
Vanderbilt Law Review
At one time, federalism may have seemed a peculiarly American institution. Today, however, we can see federalism as a special case of the more general problem of allocating power among geographic units. Problems of federalism arise in structures as large as the European Union' and the even larger global trade system under the General Agreement on Tariffs and Trade ("GATT").
Free trade increasingly is accepted as a value internationally, as it always has been for commerce within the United States. Yet, both internationally and domestically, free trade must accommodate the reality of the modern regulatory state-a state that shows little …