International Trade Law Commons^™

Trade And Environment: How Should Wto Panels Review Environmental Regulations Under Gatt Articles Iii And Xx, Kazumochi Kometani

Northwestern Journal of International Law & Business

The article discusses a GATT/WTO panel report that the author disagrees with and it lays out the proposals that he would implement to modify the report.

Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas

Cornell Law Faculty Publications

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 …

Priority Of Invention In United States Patents: From The Paris Convention To Gatt, John F. Carroll Iv

Richmond Journal of Law & Technology

Imagine the following: It's New Year's Eve, 1994, and as twilight falls you start to clean off your desk and get ready to go home. On top of your "Out" tray is a copy of a patent application for American Corporation that you filed with the Patent and Trademark Office last week. A-Corp., one of your largest clients, is the nation's largest manufacturer of business office furniture. The patent application is for A-Corp's new "Security Cabinet," a device that protects sensitive computer disks and video- tapes from electromagnetic contamination. The Security Cabinet was unveiled at an office supply trade show …

International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli

Scholarly Works

No abstract provided.

The World Trade Organization's Agreement On Government Procurement: Expanding Disciplines, Declining Membership?, Bernard Hoekman, Petros C. Mavroidis

Faculty Scholarship

The Agreement on Government Procurement (GPA) – originally negotiated during the Tokyo Round – was renegotiated for the second time during the Uruguay Round. It is one of the WTO's so-called Plurilateral Agreements, in that its disciplines apply only to those WTO Members that have signed it. In contrast to most of the other Tokyo Round codes – e.g., the agreements on technical barriers to trade (standards), import licensing, customs valuation, subsidies, and antidumping – the GPA could not be 'multilateralized'. With the reintroduction of agriculture and textiles and clothing into the GATT, procurement has therefore become the major 'hole' …

Taiwan's Application To The Gatt: A New Urgency With The Conclusion Of The Uruguay Round, Susanna Chan

Indiana Journal of Global Legal Studies

No abstract provided.

Gattmembership For China?, Donald C. Clarke

Seattle University Law Review

This Article will explore some of the conflicts between the premises of the GATT and China's current economic, legal, and political structure, as well as the extent to which China's institutions are moving in a GATT-compatible direction. It will conclude that while GATT membership would in itself promote the reforms that would make China's institutions more compatible with the GATT, such reforms are the object of considerable domestic opposition.

Product Standards To Protect The Local Environment--The Gatt And The Uruguay Round Sanitary And Phytosanitary Agreement, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Gatt And The Developing Countries Problems And Prospects After Uruguay, Arifuddin Ahmed

LLM Theses and Essays

This LL.M. thesis examines the General Agreement on Tariffs and Trade (GATT) and the impact of its Generalized System of Preferences (GSP) on developing countries, tracing the evolution of such preferential treatment from the addition of Part IV in 1964 through the conclusion of the Uruguay Round in December 1993.   The work analyzes the role that institutions such as the United Nations Conference on Trade and Development (UNCTAD), the North-South dialogue, and the Non-Aligned Movement (NAM), played in persuading GATT to accept the GSP. It evaluates the impact and effectiveness of various rounds of GATT negotiations and their resulting agreements, …

Retaliatory Action In United States And European Union Trade Law And It's Compatibility With Gatt, Wolfgang W. Leirer

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of the retaliatory trade law instruments of the United States and the European Union and evaluates their compatibility with the General Agreement on Tariffs and Trade (GATT). The work traces the legislative history of Section 301 of the Trade Act of 1974 and Council Regulation 2641/84, analyzes the procedural and substantive provisions of each regime, including the initiation of investigations, availability of mandatory versus discretionary action, the scope of retaliatory power, and availability of judicial review, and then compares the instruments' provisions against one another. The analysis includes an exploration of the …

U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu

LLM Theses and Essays

This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …

Antidumping Duties And Their Implications For International Trade, Masanori Kobayashi

LLM Theses and Essays

This LL.M. thesis provides a comprehensive comparative analysis of antidumping duty regimes across three major jurisdictions — the United States, the European Union, and Japan — against the backdrop of GATT Article VI and successive Antidumping Codes. The work traces the legislative history of antidumping measures from early twentieth-century domestic legislation through the Kennedy and Tokyo Rounds, analyzes the procedural and substantive provisions of the 1979 Code and the Dunkel Draft, and concludes with a critique of the Final Act of the Uruguay Round. Key topics include the legal definitions of dumping margin, normal value, export price, material injury, and …

Globalization Of Law, Politics, And Markets -- A European Perspective On Implications For Domestic Law, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Challenges To The Doctrine Of Free Trade, Jagdish N. Bhagwati

Faculty Scholarship

The doctrine of free trade is facing new challenges today. As one surveys the policy arena, questions are raised about free trade by those who worry about Japan (and today this includes many more than the "revisionists") and who argue that free trade with Japan is not gainful. Several environmentalists as well oppose free trade with passion. These concerns relate to what now is called the absence of "level playing fields": "fair trade" as a precondition of free trade is the battle cry.

There is also the fear that free trade, even if efficient, hurts the unskilled and thus immiserizes …

Gatt And Environmental Protection, Kristina Haverkamp

LLM Theses and Essays

This thesis analyzes the direct and indirect impacts of Articles I, II, III, VI, XVI, and XXII of the General Agreement on Tariffs and Trade (GATT) on three broad catetgories of national environmental protection measures: (1) those offsetting environmental compliance costs, (2) those incentivizing volutnary environmental efforts, and (3) those promoring environmental protection in foreign countries. This thesis discusses the applicability and scope of government subsidies and countervailing duties as present in Articles XVI and VI and how they deviate from the standards of Articles I and II, the non-discrimination obligations set forth in Articles I and III, including the …

Japan In The Ec: Changing Strategies For Changing Times, Andrea R. Reichel

Vanderbilt Journal of Transnational Law

This Note addresses the effects of European integration on Japanese-Community trade relations. It explores, in order, the effects of the customs union and the common customs tariff, the changing quota system, the Community's anti-dumping legislation and rules of origin, and voluntary export restraint agreements. The Note also considers the effect of the General Agreement on Tariffs and Trade (GATT) on these trade relations. While recognizing that the Community is taking steps to impede Japanese investment in the Community, the author observes that some of these measures may be neither legal nor effective. The author concludes that Japan is well-positioned to …

Emerging Conflicts Over Intellectual Property In Recent Gatt Negotiations, Sonia Baldia

LLM Theses and Essays

This thesis describes the "intellectual property problem" and how it came to be a focus of the General Agreement on Tariffs and Trade. It addresses the concerns of the developed and the developing world regarding a reform in their intellectual protection regimes. One of the results of this thesis is that reforms that do not stem from developing countries' perceptions of their own interests and needs, and that are not articulated in keeping with broader economic and technological policies, are unlikely to result in stable and predictable rules or to be properly enforced.

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.

Current Administration Of U.S. Antidumping And Countervailing Duty Laws: Implications For Prospective U.S.-Mexico Free Trade Talks, Stephen J. Powell, Craig R. Giesse, Craig L. Jackson

Northwestern Journal of International Law & Business

U.S.-Mexico trade relations are changing at a rapid pace. In 1985, the United States and Mexico entered into a bilateral trade agreement that seeks to eliminate the subsidization of manufactured products. One year later, Mexico became a signatory to the General Agreement on Tariffs and Trade (the "GATT"), the multilateral accord that governs world trade in manufactured and agricultural products. In 1987, the two countries entered into a framework agreement that establishes a consultative mechanism designed to resolve bilateral trade disputes involving such issues as intellectual property protection, direct foreign investment, and trade in goods and services.

The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand

Penn State International Law Review (1982 - 2011)

The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.

Protecting First World Assets In The Third World: Intellectual Property Negotiations In The Gatt Multilateral Framework, Frederick M. Abbott

Vanderbilt Journal of Transnational Law

This Article addresses industrialized countries' growing concerns over technology transfer and their efforts to obtain protection of intellectual property rights under the General Agreement on Tariffs and Trade (GATT). Mr. Abbott analyzes the intellectual property problem in the context of the GATT framework and the weakness of current intellectual property protection. Developing countries do not accept the United States contention either that intellectual property is covered implicitly by the GATT or that the current lack of protection reflects a fundamental flaw in the General Agreement. Mr. Abbott focuses on this disagreement in laying out the framework for possible solutions, which …

The Gatt Dispute Settlement Procedure In The 1980s: Where Do We Go From Here?, Patricia Kalla

Penn State International Law Review (1982 - 2011)

This Comment will examine the GATT dispute settlement procedure in relation to its operative context. Emphasis is on determining the true origin of the dispute settlement system's inefficacy. An overview of historical developments will be followed by an explanation of the dispute settlement law and procedure. Noncompliance with GATT rules and remedial efforts to correct that noncompliance will be examined at some length. Finally, the necessity for future reform of the dispute settlement procedure will be discussed.

Gatt And The Vra: Japanese Automobile Imports And Trade Protectionism, Gregory S. Kurey

Penn State International Law Review (1982 - 2011)

This Comment discusses the international trade implications of the VRA on Japanese-American automobile trade and the utilization of GATT as a legal instrument for addressing the problem at hand. The comment begins with a basic overview of the development of the import problem and the current status of the VRA. The Comment will then discuss the traditional applications of the Article XIX escape clause provision of GATT, its shortcomings, and potential changes that would increase GATT's effectiveness in dealing with the Japanese import problem and escape clause actions. While other legal commentators have addressed these same issues, changes in the …

Economic Perspectives On Trade In Professional Services, Jagdish N. Bhagwati

Faculty Scholarship

This paper will bring an economist's perspective to bear on three questions raised at this conference by some of the other important contributions:

1. How are services different from goods;
2. What implications do these differences have for the rules we seek to negotiate to free trade in services; and
3. How can we induce the key developing countries, such as Brazil, Egypt and India, which have generally opposed liberalization of trade in services, to support it?

Answers to these questions will naturally bear critically on the narrower question of international trade in professional, and especially legal, services, since recommendations and decisions on …

Transition From The Domestic International Sales Corporation To The Foreign Sales Corporation: Form Without Substance, Elizabeth A, Horsman

Penn State International Law Review (1982 - 2011)

This Note will first address the Domestic International Sales Corporation (DISC) mechanism for providing incentives to foreign export traders and the benefits enjoyed by DISC users. The discussion will then shift to an examination of criticisms levied against the DISC provisions by domestic and European sources. The next section will outline the Foreign Sales Corporation (FSC) legislation, and the following section will analyze its applicability to General Agreements on Tariffs and Trade (GATT) Council Rulings on the DISC. Finally, this Note will conclude that the FSC provisions will also draw GATT-EC attack as "illegal" trade practices by the United States.

Legal Problems In Expanding The Scope Of Gatt To Include Trade In Services, Philip H. Gold

Maryland Journal of International Law

No abstract provided.

The New Protectionism, Carl J. Green

Northwestern Journal of International Law & Business

One of the crucial challenges of the Eighties is to maintain an open and expanding international trade system. Despite the successful completion of the Tokyo Round of Multilateral Trade Negotiations in 1979,' the liberal principles of the General Agreement on Tariffs and Trade (GATT) are under increasing attack. Protectionism has become increasingly prevalent in Europe and is mounting rapidly in the United States. The principal targets of protectionism are Japan, the newly industrialized countries of Asia3 and the developing countries generally, whose expanding exports represent serious challenges to traditional industrial sectors in the mature industrial countries. Unless the doors of …

Subsidies, Countervailing Duties And Antidumping After The Tokyo Round, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Gatt Dispute Settlements: A New Beginning In International And U.S. Trade Law, Donald E. Dekieffer

Northwestern Journal of International Law & Business

Although the General Agreement on Tariffs and Trade (GATT)' has been in existence for over two decades, a workable system has only recently developed for resolving disputes between contracting parties. Since its inception, the GATT has been designed to promote the grad- ual dissolution of trade barriers between the major mercantile countries of the world.2 In its early years, the GATT approached this ambitious goal solely through irregular negotiating "rounds" at which the Con- tracting Parties (the nations signatory to the GATT) mutually agreed to reduce their tariff barriers. There was little attempt to develop an effec- tive enforcement mechanism …