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Full-Text Articles in Law

A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii Sep 1991

A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii

Cornell Law Faculty Publications

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.


Gatt And The Developing World: Is A New Principle Of Trade Liberalization Needed?, Roshani M. Gunewardene Jan 1991

Gatt And The Developing World: Is A New Principle Of Trade Liberalization Needed?, Roshani M. Gunewardene

Maryland Journal of International Law

No abstract provided.


Protecting United States Intellectual Property Abroad: Toward A New Multilateralism, Marshall A. Leaffer Jan 1991

Protecting United States Intellectual Property Abroad: Toward A New Multilateralism, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.


Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford Jan 1991

Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford

Journal Articles

Despite its other successes, the General Agreement on Tariffs and Trade (GATT) has been criticized as being anything but successful in the antidumping arena. In particular, industries in the United States argue that GATT has failed to control dumping effectively and that alternative forms of relief are needed to counteract this unfair trade practice. The root of their concerns is the prospective nature of the existing remedy. Since antidumping duties are assessed only after a violation has been detected, dumping is essentially a risk-free, no-lose proposition, giving foreign exporters a free "first bite at the apple." The absence of monetary …


Gatt Safeguards: A Critical Review Of Article Xix And Its Implementation In Selected Countries, Jorge F. Perez-Lopez Jan 1991

Gatt Safeguards: A Critical Review Of Article Xix And Its Implementation In Selected Countries, Jorge F. Perez-Lopez

Case Western Reserve Journal of International Law

No abstract provided.