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Articles 31 - 60 of 65
Full-Text Articles in International Trade Law
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
Michigan Journal of International Law
This study focuses on the emergence of ROL in U.S. international trade policy, a development which merits closer examination for the following reasons. First, the United States must still be considered the leader in international trade policy, and a ROL order without the most important trading entity would make little sense. Second, the United States is probably the foremost proponent of instituting a ROL order in international trade, though, ironically, it may also be the prime culprit in adhering to certain power-ordered relationships. Third, it seems only fair, if not natural, to extend the United States' domestic respect for the …
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
Scholarly Works
No abstract provided.
The World Trading System, Jagdish N. Bhagwati
The World Trading System, Jagdish N. Bhagwati
Faculty Scholarship
The Uruguay Round is closing this week after a marathon of negotiations stretching well over seven years; so the timing of this panel is exquisite, from my viewpoint. The ceremony, besides, is in Marrakech, an exotic place that sets our minds racing with thoughts of "Casablanca," Humphrey Bogart and Ingrid Bergman. Indeed, one can imagine a movie being made of this historic occasion that will transform the General Agreement on Tariffs and Trade (GAIT) into the World Trade Organization (WTO), with Peter Ustinov cast as Peter Sutherland, the brilliant and portly new director general of the GAIT who finally brought …
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Antitrust In A World Of Interrelated Economies: The Interplay Between Antitrust And Trade Policies In The Us And The Eec, Alyssa A. Grikscheit
Michigan Law Review
A Review of Antitrust In a World of Interrelated Economies: The Interplay Between Antitrust and Trade Policies in the US and the EEC by Mário Marques Mendes
Sectoral Strategies And Participant Commitments: The Keys To Effective Trade And Industrial Policies, Robert E. Scott
Sectoral Strategies And Participant Commitments: The Keys To Effective Trade And Industrial Policies, Robert E. Scott
Faculty Scholarship
The declining competitiveness of the U.S. manufacturing sector of the most important causes of the decline in real wages and the stagnation in the level of the median family incomes which have plagued the United States since about 1973. Although the reports of the decline in American living standards were greeted with some skepticism when they first appeared in the work of the Economic Policy Institute ("EPI") in 1985, they have now achieved a high level of prominence on the national policy agenda. More recent studies by EPI and other research groups urge two cures for the decline. First, employment …
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
Faculty Scholarship
In 1986 the Contracting Parties to the General Agreement on Tariffs and Trade (GATT) launched the Uruguay Round of multilateral trade negotiations, the most ambitious round of trade negotiations to date. The Contracting Parties to the GATT agreed in the Punta Del Este Declaration to introduce into the GATT system three new sectors for negotiation: services, trade-related intellectual property rights (TRIPs), and trade-related investment measures (TRIMs). In addition, for the first time in GATT history, the Contracting Parties agreed to devote a negotiating group exclusively to negotiating the tricky aspects of international trade in agricultural products. Another goal of the …
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 …
Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge
Trade Protectionism And Environmental Regulations: The New Nontariff Barriers, C. Ford Runge
Northwestern Journal of International Law & Business
This article reviews some economic and legal aspects of the growing role of environmental, health, and safety regulations operating as disguised barriers to trade. While this has always been a recognized problem in trade policy, the issue has gained new force as environmental policies move to the forefront of many national agendas. Because environmental standards have a growing national constituency, they are especially attractive candidates for disguised protectionism. International distinctions in the tolerable level of environmental risks are created because the weight attached to environmental standards tends to vary with the income levels of different countries. Incentives are created to …
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 …
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
Michigan Journal of International Law
As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
Faculty Scholarship
This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
Michigan Journal of International Law
The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
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 …
Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.
Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.
Articles & Chapters
This paper discusses United States government trade policy and the regulation of foreign lawyers. Although the expression "trade policy" implies a settled course of action adopted and followed by the United States government, in the area of legal services the formulation of government trade policy has been a rather fortuitous occurrence. Further, while the term "regulation," particularly in the context of the legal profession, suggests a recognizable and ordered system, the rules and procedures for the regulation of foreign lawyers in various jurisdictions do not fall readily into any pattern; instead they appear to be quite random. The regulation of …
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Michigan Journal of International Law
Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Trade Friction With Japan And The American Policy Response, Thomas J. Schoenbaum
Michigan Law Review
In Toyko recently I called upon an official of the Ministry of International Trade and Industry (MITI) to discuss trade frictions between the United States and Japan. On the way to my appointment I passed by Hibiya Park in the center of the city. About 10,000 people were gathered in a peaceful demonstration against any lifting of Japan's quotas on imports of agricultural products. Inside the MIT! building I asked the official whether the quotas on beef and oranges would be abolished soon. He told me they would eventually be liberalized or abolished to please the United States, but that …
Building The Case For Industrial Strategy, David E, Bonior
Building The Case For Industrial Strategy, David E, Bonior
Michigan Journal of International Law
The argument for an industrial strategy begins with the failures of present policies. The indictment is not concerned with the relative simplicity or elegance of competing economic theories but with actual results in the world marketplace. The case for an industrial strategy is not primarily about compassion, or about full employment, or even about economic growth. While we desperately need a compassionate economic policy, full employment, and sustained economic growth, these are goals. The industrial policy debate is not a debate about goals, but means. The argument rests on the premise that the old means must be changed because the …
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein
Michigan Journal of International Law
Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow
Michigan Journal of International Law
This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.
A Labor View Of Industrial Policy, Henry B. Schechter
A Labor View Of Industrial Policy, Henry B. Schechter
Michigan Journal of International Law
This article discusses the following topics: secular economic decline, factors in the loss of U.S. competitive position, foreign industrial policies, a labor-endorsed legislative proposal for an industrial policy, and supplementary measures that are required for a successful industrial policy.
Attacking The Trade Deficit, Dennis Unkovic
Attacking The Trade Deficit, Dennis Unkovic
Michigan Journal of International Law
In the United States (U.S.), policy planning for industrial development is not new. The federal government currently formulates and implements policies designed to foster the growth of the industrial sector. The current debate should not focus on the merits of a comprehensive national industrial policy over federal non-involvement, rather it should address the degree to which the federal government should become involved in specific areas affecting industrial development. This article will analyze the appropriate role for the federal government in its efforts to eliminate the current U.S. balance of trade deficit.
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
The U.S. Commitment To The Gatt System: A Reappraisal Of Basic Assumptions, Thomas R. Howell, R. Michael Gadbaw
Michigan Journal of International Law
The GATT system was established by a fairly homogeneous group of 24 countries in the late 1940s. With the exception of the U.S., the signatory nations were, for the most part, European or British Commonwealth countries with market economies. These governments shared a rough consensus on the fundamental goals of an international trading system. They intended to avoid the economic warfare that had characterized international trade in the late 1930s. Trading relationships were to be governed by a mutual commitment to commonly understood notions of fairness and equity. This meant allowing producing enterprises to compete, according to a set of …
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Industrial Policy: Diverting Resources From The Winners, Edwin L. Harper, Lehmann K. Li Jr.
Michigan Journal of International Law
This article argues that the various forms of industrial policy currently being proposed are inappropriate for the United States (U.S.). They would fail not only on economic grounds, but on political grounds as well. The article outlines the appropriate role for government in the economy.