International Trade Law Commons^™

More Bull From The China Shop, Wendell L. Willkie

Human Rights Brief

No abstract provided.

Free Trade As An Extremist Ideology: The Case Of Nafta, Robert W. Benson

Seattle University Law Review

This article purports that free tradism has become such a classic extremist ideology, just as, until recently, Marxism-Leninism was. Free tradism is fairly described as fitting the two criteria that characterize extremist ideologies: (1) their adherents are oblivious to cognitive dissonance contradicting their analyses, and (2) their adherents are willing to plunge themselves and others into great risks in the name of the ideology. This article adduces evidence in these two categories, using NAFTA as an example, analyzing concrete issues of trade theory, jobs, the environment, human rights, and democracy.

Human Rights And Most-Favored-Nation Tariff Rates For Products From The People's Republic Of China, Randall Green

Seattle University Law Review

Because there is an historical link between the economic power possessed by any group of people and the political rights enjoyed by that group, this Article argues that the best way for the United States to promote human rights in China is to assist China's economic development. This argument is supported by logic (e.g., demonstration of cause and effect) as well as by example (e.g., the recent histories of Korea and Taiwan). Part II of this Article takes a detailed look at what MFN status really means and looks at the history of U.S. grants of MFN status to China. …

Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff

Michigan Journal of International Law

The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its …

Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst

Michigan Journal of International Law

This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).

China And The Gatt Agreement On Government Procurement, John Linarelli

Scholarly Works

No abstract provided.

The New Law Of Asset Securitization In Japan, Michael T. Kawachi

Seattle University Law Review

This Article discusses one financial product developed in the United States and expected to develop in Japan as a result of recent legislation adopted there. The Article examines the high degree of regulation of this new financial product under that legislation and concludes that such regulation, while common in Japan, will delay the full development of the market in Japan. This Article begins with a description of an important financial tool first developed in the United States, the securitization of financial assets. The Article next examines several aspects of the new Japanese legislation and reviews the provisions of that legislation. …

Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski

Michigan Journal of International Law

First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …

The North American Free Trade Agreement (Nafta) And Process Patent Protection, Alan Wright

American University Law Review

No abstract provided.

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

American University Law Review

No abstract provided.

The Forgotten Link: Control In Section 482, Wayne M. Gazur

Publications

The foundation of international taxable income allocations between related parties is formed by the imposition of an arm's length standard. The presence of "control" over a person invokes this measure. The author examines the implications of control presented by continuing developments in the global business environment, including the rise of cooperative interfirm arrangements.

Preface, Geoffrey R. Watson

Seattle University Law Review

This issue includes one article from each panel: Professor Clarke's article on whether China should become a member of the GATT, Professor Benson's article on NAFTA as "extremist ideology," Mr. Kawachi's article on securitization in Japan, and Professor Green's article on MFN status for China. In addition, the editors have included a spirited defense of NAFTA by Ms. Rebecca Reynolds Bannister. To set the stage, I offer a few comments on each article below.

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.

The Nafta Investment Chapter And Foreign Direct Investment In Mexico: A Third World Perspective, Gloria L. Sandrino

Vanderbilt Journal of Transnational Law

The investment provisions of NAFTA, which establish a liberal investment regime and a hospitable atmosphere for foreign investment amongst its signatories, the United States, Canada, and Mexico, represents a new chapter in Mexico's approach to foreign investment. This Article examines the significance of Mexico's shift to welcoming foreign investment and its concomitant acquiescence to traditional notions of expropriation and compensation espoused by more developed states. The author explores Mexico's historical love-hate relationship with foreign investment and its role over the years as leading voice for Third World concerns regarding the potentially exploitive nature of such investment. In this article, a …

The Estonian Securities Market Act: A Lesson For Former Republics Of The Soviet Union, John J.A. Burke

Vanderbilt Journal of Transnational Law

This Article describes and analyzes the Estonian Securities Market Act; the only securities statute presently in effect in Estonia. Before examining the requirements of that law, the Article provides an overview of the development of a securities market in Estonia, including a description of the securities, exchanges, and professionals that comprise the contemporary market. After providing this context, the Article analyzes the Estonian Securities Market Act. The author concludes that Estonia should not adopt complex securities legislation, but rather should "sample" the laws of other states. This process will allow Estonia to tailor a comprehensive regulatory system to the particular …

The North American Free Trade Agreement: A Market Analysis, Leonard Bierman, Donald R. Fraser, James W. Kolari

Vanderbilt Journal of Transnational Law

The North American Free Trade Agreement (NAFTA) was the subject of heated debate in the United States Congress. The central issue of the debate was whether NAFTA would have a positive or negative economic impact on the parties to the treaty. This Article is a direct empirical market analysis that measures the perceived economic impact of NAFTA on the parties to the agreement and other states. The authors use stock market event analysis to study the effect of NAFTA on different sectors of the economy of the United States, Mexico, Canada, Europe, and the Asia/Pacific region. In doing so, the …

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

Journal Articles

The United States has enviable domestic environmental protection laws. However, good domestic environmental protection raises two concerns: effectiveness and competitiveness. In response to these two problems of environmental protection—effectiveness and competitiveness—members of Congress introduced over thirty bills in 1990 to amend U.S. trade laws. The bills were designed to either press other states to adopt environmental protection standards similar to the United States own or to at least minimize the competitive disadvantage for U.S. business inherent in U.S. regulations. The bills took one of two approaches: either they aimed at restricting access to U.S. markets for those states failing to …

The Institutional And Policy Framework For Foreign Investment In The Eastern Caribbean, Puerto Rico, And The United States Virgin Islands, T. M. Ocran

Vanderbilt Journal of Transnational Law

This Article provides an overview, based in part on the author's field survey, of the investment laws and policies of the Eastern Caribbean subregion. The island states of the Eastern Caribbean offer foreign investors unique opportunities. Among the reasons that these states should attract investment is the close relation between the two two neighboring islands, Puerto Rico and the United States Virgin Islands, and the United States; this relation offers the Eastern Caribbean states ready access to the U.S. market. The author examines these relations and the institutional frameworks for investment employed by the various states. The Article raises questions …

Efficiencies And Merger Review In Canada, The European Community, And The United States, Mark A.A. Warner

Vanderbilt Journal of Transnational Law

This Article examines economic efficiencies analysis in the merger review processes of Canada, the European Community, and the United States. In recent years, legal counsel, academics, and policymakers have given greater attention to international harmonization and convergence of competition and antitrust law and policy. This trend has been spurred by the increasing acceptance of efficiency-based economics in competition policy generally and in merger policy particularly. The author, nevertheless, asks whether efficiency-based merger analysis also may create new jurisdictional conflicts among national merger enforcement authorities. For instance, a state concerned with its own domestic competitiveness might emphasize domestic efficiency gains in …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

Extraterritorial Application Of Title Vii: The Foreign Compulsion Defense And Principles Of International Comity, Mary C. St. John

Vanderbilt Journal of Transnational Law

With an increasing number of United States corporations locating and affiliating overseas and United States citizens seeking employment with multinational corporations, the debate over the extraterritorial application of United States discrimination laws has attracted greater international attention. The 1991 amendment to Title VI1 of the Civil Rights Act of 1964, which prohibits discrimination in employment on the basis of race, religion, sex, or national origin, specifically provides for extraterritorial application of Title Vii. The foreign compulsion defense, however, limits the scope of Title VII's application abroad and raises the issue of whether U.S. corporations can claim this defense when foreign …

Energy Trade And The National Security Exception To The Gatt, Donald N. Zillman

Faculty Publications

Three topics combine in this paper: international trade, national security, and energy. The specific focus of the paper is the General Agreement on Tariffs and Trade (GATT) and the "essential security interests" exception contained in Article XXI. The provisions of the GATT set out the structure of a system to encourage international trade by reducing tariffs and other trade barriers. More broadly, many aspects of international trade in energy have developed outside the structure of GATT or with the implied assumption that Article XXI or another GATT exception would take them out of normal GATT arrangements. National security matters have …

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 …

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

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 …

Preface: Symposium On Pacific Rim Trade, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

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 …

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

Faculty Publications

No abstract provided.