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Articles 121 - 150 of 226
Full-Text Articles in International Trade Law
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Michigan Journal of International Law
This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).
Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski
Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski
Michigan Journal of International Law
First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …
Old Wine, New Skins: Nafta And The Evolution Of International Trade Dispute Resolution, Andrew Kayumi Rosa
Old Wine, New Skins: Nafta And The Evolution Of International Trade Dispute Resolution, Andrew Kayumi Rosa
Michigan Journal of International Law
This Note examines NAFTA's effort in meeting the needs of the moment (i.e., North American integration) and those of the future (i.e., hemispheric integration) regarding the issue of dispute resolution. Dispute resolution is key to any trade agreement; without an effective means of settling specific disputes and enforcing provisions generally, parties will have a little incentive to honor their trade commitments. Moreover, ineffective dispute resolution hurts smaller, less developed countries in agreements with larger, more developed countries, because the larger countries will be tempted to use their economic leverage to solve disputes to the disadvantage of the smaller ones. A …
U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde
U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde
Michigan Journal of International Law
This Article describes and appraises the second wave of negotiations. It functions as a sequel to an earlier article that described the first ten years of the program. Although the second wave of negotiations continues, and thus any conclusions about it necessarily are tentative, the second wave already has developed a variety of characteristics that distinguish it from the first wave. The goal of this Article is to identify the ways in which the second wave appears to differ from the first and to assess the significance of the differences.
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
Michigan Journal of International Law
Irrespective of the close economic and strategic relationship between Thailand and the United States, the United States has utilized Section 301 (and Special 301), and the consequent threat of trade retaliation, in its relations with the Land of Smiles. The purpose of this article is to examine the operation of Section 301 and Special 301 regarding trade in cigarettes and intellectual property.
Surveillance Schemes: The Gatt's New Trade Policy Review Mechanism, Petros C. Mavroidis
Surveillance Schemes: The Gatt's New Trade Policy Review Mechanism, Petros C. Mavroidis
Michigan Journal of International Law
This article describes and analyzes the current form of the TPRM, and advances some proposals for its future formation. The article is divided into five parts: Part I deals with the origin and the objectives of the TPRM; Part II analyzes the TPRM scheme and its functioning thus far; Part III presents the legal underpinnings of the TPRM; Part IV reviews and compares the surveillance schemes of the International Monetary Fund (IMF) and the Organisation for Economic Cooperation and Development (OECD) with the TPRM, since it is my belief that GATT's TPRM can draw some valuable lessons from the experience …
Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak
Above All, Do No Harm: The Application Of The Exon-Florio Amendment To Dual-Use Technologies, Gerald T. Nowak
Michigan Journal of International Law
In support of this proposition, this Note will first examine the legislative history and executive enforcement of the Exon-Florio Amendment, followed by a discussion of the goals of Exon-Florio and the applicability of Exon-Florio to dual-use technologies. Then, after an examination of the attitudes and experience of the European Community with regards to such protectionism, specifically in France and the United Kingdom, this Note will argue that vigorous enforcement of the Exon-Florio Amendment, and a fortiori passage of the Technology Preservation Act, is likely to result in less, not more, domestic production of dual-use technologies. As a matter of defense …
Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn
Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn
Michigan Journal of International Law
This article will ask to what extent article XXI allows Contracting Parties to escape obligations of GATT and to what extent it should.
Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii
Negotiating Investment In The Gatt: A Call For Functionalism, Paul Bryan Christy Iii
Michigan Journal of International Law
In part, this article is about the conflict between literalism and functionalism in the GATT. It examines an attempt in the Uruguay Round to negotiate rules on foreign direct investment - the so-called trade-related investment measures (TRIMs) negotiations. Foreign direct investment is often a stage in the internationalization of enterprises; it is helpful to the trade of goods producers and necessary to the trade of many services providers. Affected by the output-oriented history of the GATT, however, the Contracting Parties have treated investment as though it were simply one of three legs of an economic triangle: goods, services, investment. In …
Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan
Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan
Michigan Journal of International Law
The paper is laid out in five parts. First, the conceptual linkages among strategy, goals, and agreement compliance are developed. Second, the study research design and findings are reported. Third, the strategy of trade dispute settlement negotiation is discussed with regard to bureaucratic politics. Fourth, case evidence that illustrates the key study findings is reviewed. Finally, effective monitoring and the notion of unilateral surveillance within the context of the present GATT-based, multilateral trading system are explored.
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Michigan Journal of International Law
In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.
Books Received, Michigan Journal Of International Law
Books Received, Michigan Journal Of International Law
Michigan Journal of International Law
List of books received by the Journal.
Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron
Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron
Michigan Journal of International Law
This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Michigan Journal of International Law
This article examines the legal and policy perspectives of U.S. trade initiatives toward the ROC in the last decade and their impact on economic liberalization in Taiwan. Part I sets forth the basic legal, policy and structural framework of this bilateral trade relationship. Part II is a sectoral retrospect of the major bilateral trade issues dealt with in the last decade. Part III presents an analysis of the' recent efforts of the ROC to liberalize its trading system and economy, the primary issues and prospects of such liberalization, and their causal relations with American trade initiatives toward Taiwan. Part IV …
Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott
Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott
Michigan Journal of International Law
This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
Michigan Journal of International Law
Since President Reagan signed the Omnibus Trade Act on August 23, 1988, the U.S. government has completed a series of investigations according to the provisions of the Act. Consultations aimed at forcing its trading partners to adjust their trade- policies which are regarded as unfair to U.S. trade have also been held in the past ten months or so. Being one of the most important trading partners of the U.S. – both in terms of its overall trade volume and its surplus with the U.S. – the Republic of China on Taiwan (ROC) seems to have become a target of …
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
Michigan Journal of International Law
Past and present economic development in the Republic of China has provided a model for a successful experiment whereby a society under a workable economic and social system with very limited natural resources makes the most of what it has. Yet, the momentum of the development will not permit the R.O.C. to rest at its present stage or to reminisce about past achievements. Clearly, many more stages of economic development lie ahead. Other industrially advanced nations that operate under similar limitations, such as the Netherlands, Sweden, and Switzerland, have higher per capita income, better quality of life, and a more …
Intellectual Property In The Uruguay Round- Negotiating Strategies Of The Western Industrialized Countries, Frank Emmert
Intellectual Property In The Uruguay Round- Negotiating Strategies Of The Western Industrialized Countries, Frank Emmert
Michigan Journal of International Law
The purpose of this article is not simply to add just another opinion to the debate on international IP protection. Nor does it aim to rally blind support for the position of the Western industrialized countries. Rather, this report attempts to present an objective analysis of all the important arguments of the developed and developing countries, and to evaluate in like manner all major aspects of traditional IP protection and potential regulation in GATT.
Section 301 And The Appearance Of Unilateralism, Warren Maruyama
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.
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
Michigan Journal of International Law
This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
Michigan Journal of International Law
A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Michigan Journal of International Law
This paper examines the interplay of economic development and trade policies in South Korea and Taiwan. Although many differences exist between the two states, both have identified economic development as a central national policy goal linked explicitly to national security, even national survival. Both have targeted international trade as a key means of promoting economic development. Thus, trade policy, broadly defined, has served as one of the principal components of their economic development strategies. Of course, many other factors impinge upon trade policy formation - the national imperatives against which all policy must be weighed, economic opportunities and constraints, the …
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Michigan Journal of International Law
Transcript of a panel on Europe in 1992.
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
Michigan Journal of International Law
This article will review the trade policies of the European Community towards Korea and Taiwan over the past ten years. This time period has been chosen for two reasons. In the first place, ten years ago, on November 28, 1979, the Tokyo Round of multilateral trade negotiations was concluded. At that time, the Tokyo Round was the most comprehensive GATT negotiating round ever, both in terms of trade value affected and in terms of its coverage of topics. An interesting question, therefore, is to what extent the 1979 commitments to trade liberalization were actually kept. Secondly, during the last decade …
Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim
Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim
Michigan Journal of International Law
This note attempts to illustrate concisely the issues and potential ramifications of Wells Fargo. After describing the complex factual and procedural histories of the case, the note briefly surveys the various approaches to the Act of State doctrine and suggests that the Court should consider Act of State issues in Wells Fargo. Next, it examines the lower courts' analyses of the case and what effects their rulings would have if the Court were to adopt them. Due to the resulting legal confusion that the lower courts' decisions would wreak on the Eurodollar community, Wells Fargo should not remain …
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Anti-Diversion Rules In Antidumping Procedures: Interface Or Short-Circuit For The Management Of Interdependence?, Edwin Vermulst, Paul Waer
Michigan Journal of International Law
Part II of this article will diagnose the phenomenon of diversion in the context of antidumping law. Parts III and IV will address the present approaches towards diversion in the United States and the European Communities respectively. Part V will briefly compare the Australian and Canadian approaches. Part VI will evaluate the assorted propositions made in the Uruguay Round. Part VII will probe the GATT Panel report on the EC's parts amendment and its possible repercussions for the anti-diversion debate in GATT. Part VIII will provide conclusions and suggest possible improvements.
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
Michigan Journal of International Law
On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").
Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg
Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg
Michigan Journal of International Law
Since the mid-1950s, the economies of Korea and Taiwan have achieved remarkable results, with annual growth rates of ten percent not unusual in some years. During the past couple of decades, they have relied heavily on export trade, particularly with the United States, to maintain rapid growth rates and continued economic development. In 1988, for example, Korea and Taiwan enjoyed a combined trade surplus with the United States of $21.6 billion on total trade of $68.4 billion.