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International Trade Law Commons™

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International Trade

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Articles 211 - 240 of 240

Full-Text Articles in International Trade Law

The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer Jan 1997

The Role Of Consensus In Gatt/Wto Decision-Making, Mary E. Footer

Northwestern Journal of International Law & Business

The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence …

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"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff Jan 1997

"Trade And": Recent Developments In Trade Policy And Scholarship - And Their Surprising Political Implications, Jeffrey L. Dunoff

Northwestern Journal of International Law & Business

Lately, I've been thinking about the richly suggestive phrase "trade and." What does it mean? Is it shorthand for new topics on the expanded trade agenda, such as "trade and environment" or "trade and intellectual property"? Does it describe new movements in legal scholarship on trade issues? How is it similar to, or different from, "law and"? Until fairly recently, most scholarship about international trade law fell within a relatively well-defined domain. The substantive focus of this traditional scholarship' typically has been on a series of tradi- tional, core "trade" issues: tariffs, quotas, most-favored-nation treat- ment, nondiscrimination, permissible safeguards and …

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From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich Jan 1997

From Diplomacy To Law: The Juridicization Of International Trade Relations, Arie Reich

Northwestern Journal of International Law & Business

This article deals with the development of law; i.e., the evolution of a legal regime in a field which prior thereto was not subject to law. It is my view that such a process took place in recent decades in the area of trade relations between sovereign nations. The period since World War II, and particularly recent years, is marked by the clear development of a conventional legal regime which regulates trade re- lations among the majority of countries of the world, as expressed by the multiplication of legal norms and the strengthening of the binding nature of these norms …

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Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow Jan 1997

Assessing Apec's Role In Economic Integration In The Asia-Pacific Region, Merit E. Janow

Northwestern Journal of International Law & Business

This article examines the Asia-Pacific Economic Cooperation (APEC) forum as a new institution to promote economic integration in the Asia-Pacific region. APEC does not lend itself to straightfor- ward definition. Formed only recently in 1989, APEC is currently comprised of 18 member "economies"1 and is organized around a set of intergovernmental meetings. Its very nomenclature, APEC, lacks a descriptive noun.2

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Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand Jan 1997

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Northwestern Journal of International Law & Business

One of the most difficult problems in the study of international law is determining when a rule of law applies to a given situation. This problem has two dimensions: (1) determining what the rule of law is and (2) determining when and how it is applied. The first di- mension, though complex, is the subject of Article 38 of the Statute of the International Court of Justice,' and the starting point for most dis- cussions of international law.2 Though it may be difficult to establish the existence of a rule of international law, particularly in the absence of a treaty, …

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Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora Jan 1997

Gunboat Diplomacy In The Northwest Atlantic: The 1995 Canada-Eu Fishing Dispute And The United Nations Agreement On Straddling And High Migratory Fish Stocks, Derrick M. Kedziora

Northwestern Journal of International Law & Business

In March 1995, Canadian gunboats seized and impounded a Spanish fishing trawler and cut the nets of another Spanish boat for alleged violations of international quotas and regulations governing the fishing of Greenland Halibut in the international waters of the North Atlantic.1 Spain and the European Union (EU) responded by alleging that the Canadians violated international law and committed an act of piracy by seizing a foreign ship in international waters.2 The EU threatened to impose economic sanctions against Canada, and the Spanish government responded by sending its own gunboats into the North Atlantic.3 The stage was set for a …

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Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott Jan 1997

Foundation-Building For Western Hemispheric Integration, Frederick M. Abbott

Northwestern Journal of International Law & Business

The United States is embarked upon an ambitious program of western hemispheric economic integration about which its domestic body politic is decidedly ambivalent. The process in which the North American Free Trade Agreement (NAFTA) was approved in 1993 re- vealed deep divisions between the major political parties and their various interest group constituencies concerning the appropriate scope of an economic integration agenda. The Mexican peso crisis that began in December 1994 provoked a deep crisis of confidence regarding Mexico's readiness to participate in a mature economic partnership with the United States and Canada. Subsequent revela- tions relating to corruption infecting …

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In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings Jan 1996

In Search Of A Standard: "Serious Damage" In The Agreement On Textiles And Clothing, John M. Jennings

Northwestern Journal of International Law & Business

The U.S. textile and apparel industries employed approximately two and a half million people in 1950.1 Since then, the industries have lost close to one million jobs, of which 857,000 have been lost since 1970.2 Competition from imported goods has contributed significantly to the decline.' Now the U.S. textile and apparel industries face the specter of accelerated job loss due to the "Agreement on Textiles and Clothing" (ATC)4 - a product of the Uruguay Round of GATT negotiations5 - which calls for the phasing out of import quota limitations in the textile and apparel industries.

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The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman Jan 1996

The Evolution Of Free Trade In The Americas: Nafta Case Studies, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Sovereignty And Regionalism, Horacio A. Grigera Naón Jan 1996

Sovereignty And Regionalism, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn Jan 1995

A Puzzle Even The Codebreakers Have Trouble Solving: A Clash Of Interests Over The Electronic Encryption Standard, Sean Flynn

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg Jan 1995

International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg

LLM Theses and Essays

Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …

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Country/Region Reports -- United States Of America, Linda A. Malone Jan 1995

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala Jan 1995

Self-Regulation In Global Electronic Markets Through Reinvigorated Trade Usages, Raj Bhala

Faculty Publications

In a global electronic market the role of trade usages must be reinvigorated to better suit the needs of market participants. Contrary to the approach to trade usages often adopted by courts and scholars, usages should not be seen as merely a device to interpret disputed terms in a contract. Rather, they should be viewed as a legal foundation for existing and new trade practices and, therefore, as a source of authority for and legal obligation arising from such practices. In sum, they should be regarded as a means by which participants in global eiectronic markets can engage in self-regulation. …

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Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell Apr 1994

Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

No abstract provided.

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1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum Jan 1994

1993 Federal Circuit Decisions In The Shadow Of The Uruguay Round, Gracia M. Berg, Peter Lichtenbaum

American University Law Review

No abstract provided.

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Country/Region Reports -- United States Of America, Linda A. Malone Jan 1994

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance Oct 1993

The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance

Indiana Journal of Global Legal Studies

No abstract provided.

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Country/Region Reports -- United States Of America, Linda A. Malone Jan 1993

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.

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The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan Jan 1990

The United States' Enforcement Of The Convention On International Trade In Endangered Species Of Wild Fauna And Flora, Meena Alagappan

Northwestern Journal of International Law & Business

Species loss is an extremely serious, continuing problem. While habitat destruction poses one of the most imminent threats to the survival of wild animals and plants, international trade in wildlife is also a major cause of diminishing biological diversity worldwide. The global market for wildlife is very large, and the goods involved are usually luxury items, such as fur coats and ivory carvings. When this trade is not harnessed, it often tips the balance toward extinction for various forms of wildlife.

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Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott Jan 1987

Introduction Symposium: The Political Economy Of International Trade Law And Policy , Kenneth W. Abbott

Northwestern Journal of International Law & Business

As this Introduction is written, the law of international trade stands at a major crossroads. In Congress, the House of Representatives and the Senate are attempting to consolidate two massive omnibus trade bills.' These bills authorize the President to enter into a new round of multilateral trade negotiations, amend the import relief laws, prescribe measures to deal with "unfair" foreign trade practices, and in general affect virtually every area of United States law concerned with international trade. Provisions like the Gephardt Amendment,2 designed to exert pressure on countries which have large trade surpluses and engage in trade practices that the …

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Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen Jan 1985

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

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An Overview Of The Japanese Legal System, Elliott J. Hahn Jan 1983

An Overview Of The Japanese Legal System, Elliott J. Hahn

Northwestern Journal of International Law & Business

Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …

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Is The Connection Effective? Through The Maze Of Section 864, Alan B. Stevenson Jan 1983

Is The Connection Effective? Through The Maze Of Section 864, Alan B. Stevenson

Northwestern Journal of International Law & Business

This article discusses certain of the rules under which foreign corporations and nonresident alien individuals may be subjected to United States federal income tax. It may at first be surprising that there are any situations in which the United States would attempt to tax the income of a nonresident alien or a foreign corporation. A moment's reflection, however, will reveal that in some situations it is quite logical that the United States should tax at least a portion of the income of such persons. For example, it seems reasonable that a corporation which conducts some minimum level of business in …

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Dames & Moore V. Regan, Lewis F. Powell Jr. Oct 1980

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney Jan 1978

The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney

Faculty Publications

Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …

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The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney Jan 1975

The Trade Act Of 1974: Coping With Unequal Environmental Control Costs, Scott C. Whitney

Faculty Publications

No abstract provided.

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The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller Jan 1970

The Foreign Direct Investment Regulations: Constitutional Questions And Operational Aspects Examined, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

This article examines the constitutionality of the FDIR and similar regulations issued pursuant to section 5 (b), and comments upon the basic propriety and desireability of delegations of broad emergency powers to the President. The development of executive powers under section 5(b) will first be discussed with an eye toward determining, through the legislative history, congressional intent underlying the section. The role of judicial review of the exercise of executive emergency powers will be examined, followed by an analysis of the theory underlying the delegation of such powers to the President. Finally, the constitutional limitations on the emergency powers of …

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International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen Mar 1968

International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen

William & Mary Law Review

No abstract provided.

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Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau Mar 1968

Protection Of Private Foreign Investments In Less Developed Countries - Its Reality And Effectiveness, Henry Landau

William & Mary Law Review

No abstract provided.

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