International Trade Law Commons^™

Export Cartels And Voluntary Export Restraints Between Trade And Competition Policy, Ulrich Immenga

Washington International Law Journal

This article discusses the conflicts between trade regulation and competition policy. It begins with a survey of the effect of restrictive practices—particularly those like export cartels that are exempted from competition law regulation—and continues with a critique of national support and authorization for restrictive practices as well as protective state activities, including antidumping rules, rules against "unfair" trade practices, and voluntary export restraints. The article concludes with a summary of unilateral, bilateral, and multilateral approaches to a more effective international regime for competition policy. It also introduces the recommendation for a Draft International Antitrust Code, which was submitted to GATT.

An Antitrust Remedy For International Price Predation: Lessons From Zenith V. Matsushita, Harry First

Washington International Law Journal

The purpose of this article is to articulate a set of rules for an antitrust cause of action against international predatory pricing. The article develops these rules in the context of the antitrust and trade litigation brought in the United States and Japan against the Japanese televisions manufacturers between 1956 and 1986. The thesis of this article is that the litigation illustrates that antitrust enforcement should concentrate on exclusion from the home market rather than on low prices in the target market. The article also argues that antitrust should encompass a concern with the strategic use of market power to …

Competition Law And The Agenda For The Wto: Forging The Links Of Competition And Trade, Eleanor M. Fox

Washington International Law Journal

The Uruguay Round of the General Agreement on Tariffs and Trade is complete, and the agenda for the next round is being formulated. It is widely expected that issues of competition, the environment, and possibly labor will be on the agenda for the next round of the GATT. This article examines why it is that the world trading agenda may be thus expanding. Specifically as to competition law, it examines the history of devising world competition rules, the wisdom of revisiting the enterprise of doing so, and alternative approaches to competition in the GATT agenda. The article concludes with a …

Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber

Washington International Law Journal

Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a transaction-based economy and economic freedom; the process component emphasizes the need for juridical processes in economic policy-making. Ordoliberalism has shaped European Union competition law and trade policy and their roles in European integration, and its weakening may cause major changes in that relationship.

Trips: Adequate Protection, Inadequate Trade, Adequate Competition Policy, Hanns Ullrich

Washington International Law Journal

This article analyzes the relationship between trade and competition policy with respect to intellectual property, focusing particularly on the inclusion into the Uruguay Round of the Trade Related Aspects of Intellectual Property ("TRIPS"). The article sets forth the traditional framework of protection as established by the Paris Convention for the Protection of Industrial Property in 1883. The TRIPS agreement provides new rules and principles to manage emerging problems in the field of industrial property. The main focus of this article is to analyze the effect that TRIPS will have on harmonizing (but not unifying) the system of intellectual property protection.

Editorial Notes, Rafael V. Baca, Carlos V. Quinones

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Administration Of Justice In Mexico: What Does The Future Hold, Rafael Estrada Samano

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Energy Development In Mexico, Michael W. Gordon, Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez, Suedeen G. Kelly, William M. Wilson Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Labor Cooperation Agreement Among Mexico, Canada And The United States: Its Negotiation And Prospects, Robert E. Herzstein

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Importing Prison Labor Products From The People's Republic Of China: Re-Examining U.S. Enforcement Of Section 307 Of The Trade And Tariff Act Of 1930, Sarah A. Thornton

Washington International Law Journal

Since 1989, the United States has engaged in a heated debate with the People's Republic of China over products manufactured in Chinese prisons which enter U.S. markets. Human rights advocates argue that conditions in China's prisons violate human rights principles, and therefore, the United States should not extend Most Favored Nation trade status to China. Others argue that human rights conditions will only improve if the United States continues to extend MFN privileges. Forgotten is section 307 of the Trade and Tariff Act of 1930, which prohibits imports of products made from prison labor. To effectively address the prison labor …

Reshaping Trademark Protection In Today's Global Village: Looking Beyond Gatt's Uruguay Round Toward Global Trademark Harmonization And Centralization, Harriet R. Freeman

ILSA Journal of International & Comparative Law

The world has become a "global village" in which the "medium is the message."' A business engaged in international trade uses its trademark' as the medium to convey its message.

Privatization At The Crossroad Of Latvia's Economic Reform, Sandra Berzups

ILSA Journal of International & Comparative Law

Latvia regained its independence from the former Soviet Union in August 1991. Since then, it has begun the slow and arduous path of replacing the centrally-planned, socialist system with an economic structure based on free-market principles. Latvia began this transition "in a difficult environment characterized by macroeconomic imbalances inherited from four decades of central planning and disruptions caused by a sharp contraction of trade with Russia and other states of the former Soviet Union."

Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.

American University Law Review

No abstract provided.

China's New Foreign Trade Law: Analysis And Implications For China's Gatt Bid, 28 J. Marshall L. Rev. 495 (1995), Bing Wang

UIC Law Review

No abstract provided.

International Commercial Arbitration In China: History, New Developments, And Current Practice, 28 J. Marshall L. Rev. 539 (1995), Ge Liu, Alexander Lourie

UIC Law Review

No abstract provided.

A Legal And Practical Overview Of Direct Investment And Joint Ventures In The "New" China, 28 J. Marshall L. Rev. 567 (1995), Daniel J. Brink, Xiao Lin Li

UIC Law Review

No abstract provided.

An Overview Of China's Real Estate Law, 28 J. Marshall L. Rev. 593 (1995), Yao Liang Huang, Xie Zhao Hua

UIC Law Review

No abstract provided.

China's New Vat System, 28 J. Marshall L. Rev. 619 (1995), Xiangyuan Jiang, Jack Huang

UIC Law Review

No abstract provided.

Intercompany Transfer Pricing Regulations Under Internal Revenue Code Section 482: The Noose Tightens On Multinational Corporations, 28 J. Marshall L. Rev. 915 (1995), Michael Avramovich

UIC Law Review

No abstract provided.

The General Agreement: From Tariffs And Trade To Sustainable Development, Mark Anthony Drumbl

Scholarly Articles

In order to deal adequately with the immense environmental problems we face, it is not sufficient to clean up past mistakes. We must also restructure traditional trade practices to curtail future environmental harms. This article is an attempt to offer ideas as to how such a restructuring could take place.

Environmental degradation is increasingly becoming an issue of global security. Water depletion, air pollution, deforestation, soil erosion, and the possibility of rising sea levels in overcrowded regions are all phenomena that may prompt mass migrations. This, in turn, might incite group conflicts. In this regard, environmentally related issues could constitute …

Nafta: The Latest Gun In The Fight To Protect International Intellectual Property Rights, Karen Kontje Waller

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reining In The Foreign Trade Zones Board: Making Foreign Trade Zone Decisions Reflect The Legislative Intent Of The Foreign Trade Zones Act Of 1934, William G. Kanellis

Northwestern Journal of International Law & Business

The Foreign Trade Zone is an area inside United States territory which, for customs purposes, is considered outside of United States Customs territory. Various monetary and administrative benefits accrue to those who are allowed to operate within a foreign trade zone. Foreign Trade Zones were created in 1934 by the Foreign Trade Zones Act' to improve the domestic economy and stimulate foreign commerce. The Foreign Trade Zones Act also created the Foreign Trade Zones Board. The Board is charged with the responsibility of setting up regulations surrounding Foreign Trade Zone creation and use. The relevance and prevalence of Foreign Trade …

Dispute Recognition And Dispute Settlement In Integration Processes: The Comesa Experience, P. Kenneth Kiplagat

Northwestern Journal of International Law & Business

This article examines the theoretical and practical issues relating to the resolution of trade disputes within regional integration arrangements in developing countries in general, and within the Common Market for Eastern and Southern Africa (COMESA) in particular. This examination will focus mainly on the institutions that exist for the resolution of trade disputes and at whose initiative they can be set in motion. A further examination will deal with what body of laws the various dispute resolution institutions regard as supreme and the remedies that are available. Because of the relative frailty of regional institutions in the developing world coupled …

Watching Czechs Look West, Norman Silber

ILSA Journal of International & Comparative Law

"I prefer the way we live in my home of Krevitsonitze," the Czech factory computer engineer named Dzhenek told me. Together we flew toward Prague, conversing in broken English and pitiful Czech with the aid of a bilingual dictionary. Dzhenek was going home after four months spent in Pennsylvania, where he had been part of a team installing his Czech company's first American export: a giant computer-directed lathe in a machine-tools factory.

Sawing Off The Third Branch: Precluding Judicial Review Of Anti-Dumping And Countervailing Duty Assessments Under Free Trade Agreements, Barbara Bucholtz

Maryland Journal of International Law

No abstract provided.

The Applicability Of Nepa To Nafta: Law, Politics, Or Economics?, Taunya L. Mclarty

Maryland Journal of International Law

No abstract provided.

Chapter 19 Of The United States-Canada Free Trade Agreement 1989-95: A Check On Administered Protection?, John M. Mercury

Northwestern Journal of International Law & Business

The United States-Canada Free Trade Agreement1 expressed the mutual desire of Canadian and American exporters to secure permanent access to the other country's market. Of particular concern to Canada during the FTA negotiations was the perceived need to reduce the impact of such non-tariff barriers to trade as American antidumping (AD) and countervailing duty (CVD) laws. It was recognized that eliminating tariff levels under the FTA would only nominally benefit Canadian exporters if American non-tariff barriers were allowed to retain their existing status. Chapter 19 of the FTA was created to address this Canadian concern.

Jumpstarting Apec In The Race To "Open Regionalism:" A Proposal For The Multilateral Adoption Of Uncitral's Model Law On International Commercial Arbitration, Melissa Gerardi

Northwestern Journal of International Law & Business

This Comment will demonstrate that although the APEC member nations are divided between two contrasting approaches to the future development of APEC, the "Western" and "Asian" approaches respectively, they nonetheless share a dynamic Asia-Pacific economy which offers the incentive for economic cooperation in the area. Although such dynamic economic growth has been led primarily by the acts of the private sector, such economic performance would not have been possible without the facilitating role of the APEC governments.' In accordance with the goal to achieve "open regionalism" by the year 2020, this Comment proposes that the APEC members adopt the United …

China On The Horizon: Exploring Current Legal Issues, 28 J. Marshall L. Rev. 639 (1995), Preston M. Torbert

UIC Law Review

No abstract provided.

Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding

LLM Theses and Essays

Today’s driving forces in world trade are private trade, investment flows, technological progress, and job creation. These forces create momentum towards the further integration of economy within their respective regions. The challenge for governments today is to reinforce these trends in favor of long-term economic benefits, while resisting the temptation to make short-term adjustments for growth. Regionalism is being considered as a solution to contemporary international economic problems; with the division of the world into the three major trading blocs of the EC, NAFTA, and APEC, regionalism seems to be the fastest road to multilateral free trade. This paper proposes …