Law Commons^™

A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu

Peter K. Yu

No abstract provided.

A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu

American University Law Review

No abstract provided.

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.

Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend

Richmond Journal of Global Law & Business

In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …

Executive-Branch Rulemaking And Dispute Settlement In The World Trade Organization: A Proposal To Increase Public Participation, Aubry D. Smith

Michigan Law Review

This Note argues that, because the Executive Branch increasingly will be promulgating domestic regulatory rules intended to comply with the rules of the world-trading system, it is necessary to increase formal oversight of the Executive Branch's role in that context. Part I argues that the United States' participation in the WTO implies a substantial increase in the impact of foreign policy on domestic policy. Part II points out a loophole in Congress's attempt to compensate for this increase by installing various devices to ensure political oversight of the Executive: the Executive Branch is subject, under the Uruguay Round Agreements Act …

Section 301 And The Appearance Of Unilateralism, Warren Maruyama

Michigan Journal of International Law

Despite extensive criticism, section 301 is a modest statute. It directs the United States Trade Representative (USTR), subject to the direction of the President, to take action if (1) the rights of the United States under a trade agreement are being denied, or (2) an act, policy, or practice of a foreign government is "unjustifiable" and burdens or restricts U.S. commerce. It also authorizes the USTR, again subject to the direction of the President, to act if (3) an act, policy, or practice of a foreign government is "unreasonable" and burdens or restricts U.S. commerce.

Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick

Michigan Journal of International Law

Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …

A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen

Northwestern Journal of International Law & Business

The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."

Injury Standards In Section 337 Investigations, Brian G. Brunsvold, Charles F. Schill, Ursula Schwendemann

Northwestern Journal of International Law & Business

In this article the authors analyze the impact of the Trade Act of 1974 on Section 337 cases. They focus on the standards the International Trade Commission (ITC) uses in making its injury determinations in Section 337 cases. The authors also address the limited nature of judicial review over final ITC determinations, and conclude that the enhanced role of the ITC in Section 337 proceedings brought about by the Trade Act of 1974 creates a need for private litigants to build a thorough record on the issue of actual or incipient injury in proceedings before the ITC

Import Competition And The Trade Act Of 1974: A Case Study Of Section 201 And Its Interpretation By The International Trade Commission, Walter Adams, Joel B. Dirlam

Indiana Law Journal

No abstract provided.

Recent Developments In The Legal Framework Of U.S.-Canadian Trade, Michael Gadbaw

Syracuse Journal of International Law and Commerce

Article is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

This paper reviews recent trade law developments affecting U.S.-Canadian trade flows. Specifically, it covers: (1) the General Agreement on Tariffs and Trade, (2) the Agreement with Canada Concerning Automotive Products, and (3) several provisions of U.S. law which directly affect U .S.-Canadian trade. Illustrated is the dynamic and complex system of laws through which national economic policies are implemented. While great progress has been made in the reduction of trade barriers, there are still a number of serious problems which need to …

Federal Energy Administration V. Algonquin Sng, Inc., Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.