International Trade Law Commons^™

The Theory Of Preferential Trade Agreements: Historical Evolution And Current Trends, Jagdish N. Bhagwati, Arvind Panagariya

Faculty Scholarship

The theory of preferential trade agreements (Pf A's), or what might be described in policy terms as the General Agreement on Tariffs and Trade (GATT) Article XXIV sanctioned freetrade areas (FTA's) and Customs Unions (CU's), has undergone two phases of evolution, in two very different modes, largely reflecting the contrasting policy concerns of the time. In this paper, we trace this evolution, offering both a historical context and an intellectual coherence to diverse analytical approaches.

Preferential Trade Agreements: The Wrong Road, Jagdish N. Bhagwati

Faculty Scholarship

The nature of FTAs is to offer free trade only to members, not to non-members. Thus, FTAs are two-faced: they ensure free trade for members and (relative) protection against non-members. First-year students of international economics would be asked to shift to a different field if they could not grasp this elementary and elemental distinction, and yet today's politicians imagine themselves to be statesmen endorsing free trade when they embrace these inherently discriminatory PTAs.

As PTAs proliferate, the main problem that arises is the accompanying proliferation of discrimination in market access and a whole maze of trade duties and barriers that …

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.

International Forum Non Conveniens: "Section 1404.5"- A Proposal In The Interest Of Sovereignty, Comity, And Individual Justice , Peter J. Carney

American University Law Review

No abstract provided.

The Parol Evidence Rule And The United Nations Convention On Contracts For The International Sale Of Goods: Justifying Beijing Metals & Minerals Import/Export Corp. V. American Business Center, Inc., David H. Moore

BYU Law Review

No abstract provided.

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Philip A. Buhler

University of Miami Inter-American Law Review

No abstract provided.

Learning From Computers: The Future Of The Free Trade Area Of The Americas, David A. Pawlak

University of Miami Inter-American Law Review

No abstract provided.

'Jurassic' Trade Dispute: The Exclusion Of The Audiovisual Sector From The Gatt, Jonas M. Grant

Indiana Law Journal

No abstract provided.

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …

Environmental Standards Within Nafta: Difference By Design And The Retreat From Harmonization, Jeffrey Atik

Indiana Journal of Global Legal Studies

Professor Atik argues that NAFTA, in legitimating regulatory differences among the NAFTA parties, represents a repudiation of standard harmonization. He states that while NAFTA and its environmental side agreement "have been described as the 'greenest' trade agreement to date," it marks a significant retreatfrom efforts to harmonize global environmental standards. This rejection is a product of "ajealous retention of sovereignty" by the NAFTA parties, as well as the careful maintenance of the parties' distinct production roles and specialities. Thus, Professor Atik argues that a convergence of standards will likely remain elusive within NAFTA. Both highstandard and low-standard parties may prefer …

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

One More Effect Of Nafta - A Multilateral Extradition Treaty?, Rita Patel

Penn State International Law Review (1982 - 2011)

No abstract provided.

Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly

Penn State International Law Review (1982 - 2011)

No abstract provided.

Regional Integration And The Disputeresolution System Of The World Trade Organization After The Uruguay Round: A Proposal For The Future, Uri Litvak

University of Miami Inter-American Law Review

No abstract provided.

Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth

Osgoode Hall Law Journal

Economic integration is altering the role of the state and the concept of sovereignty in international law. Intensifying economic interdependence has rendered sovereignty almost meaningless for an isolated state. However, the transfer and pooling of sovereignty in a jointly designed and mutually acceptable legalistic international institution allows state interests to be both respected and represented at the international level. After addressing the European Union model for managing advanced economic integration, the paper examines the extent to which the legal and institutional attributes of the new World Trade Organization represents a move towards a more legalistic international trade order, entailing a …

Rules Of Origin For Textiles: Implementing Legislation For Gatt, Janice Wingo

Washington International Law Journal

This Comment discusses the changes in the rules of origin for textiles that were implemented after the United States joined the World Trade Organization. The changes were made in such a way as to protect U.S. domestic textile production from Chinese competition even though these changes were couched in terms of harmonizing U.S. customs regulations with those of the rest of the world.

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

Cornell Law Faculty Publications

No abstract provided.

Border Crossings: Nafta, Regulatory Restructuring, And The Politics Of Place, Ruth Buchanan

Indiana Journal of Global Legal Studies

Professor Buchanan begins her paper by questioning whether

recent economic and political shifts towards notions of

"globalization" (e.g., the NAFTA) have failed to consider the

politics or economics of change in particular places. Her prime

example of a "place" where integration is illogically forced against

a background of differentiation is the U.S.-Mexico border region.

Through the scope of a "regulatory complex" (a complex of legal,

institutional, regulatory, and social orderings), she departs from the

common view of the NAFTA as a productive tool of North American

integration, and instead views the NAFTA as exacerbating

"differences between localities, industries, and labor …

Some Observations On United States And Mexican Corporate Law, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Regulation Of Solid Fuels And Mining In Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Electric Energy Legal And Regulatory Structure In Mexico And Opportunities After Nafta, William D. Degrandis, Michael L. Owen

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Energy Regulation In Mexico, Ewell E. Murphy Jr., Miguel Jauregui Rojas, William D. Degrandis, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Institutional Framework Of The North American Agreement On Labor Cooperation, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The First Nafta Cases: A New International Labor Rights Regime Takes Shape, Lance A. Compa

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: The Challenges And Opportunities Under The Nafta Labor Cooperation Agreement, James F. Smith, Lance A. Compa, Robert E. Herzstein, Michael J. O'Neill, Jorge F. Perez-Lopez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: A Hypothetical Problem On Securities Law, Michael W. Gordon, Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Back To The Future? The Prospects For State Monopoly In Hydrocarbons And Electric Power Under Article 27 Of The Mexican Constitution, Ewell E. Murphy Jr.

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Securities Law Questions And Comments On The Comparison Of Corporate And Securities Laws In Mexico And The United States, John M. Stephenson Jr., Robert L. Kimball, Andres V. Gil, Ignacio Gomez-Palacio

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Legal Duties And Responsibilities Of Corporate Directors And Controlling Persons Of U.S. Publicly-Owned Companies, Andres V. Gil

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Front Matter, United States-Mexico Law Journal

United States - Mexico Law Journal (1993-2005)

No abstract provided.