International Trade Law | Open Access Articles

Overview Of Amendments In The 1988 Omnibus Trade Bill: Sections 301, "Super 301" And 337, Howard Russell

BYU Law Review

No abstract provided.

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The Omnibus And Fair Trading Act Of 1988 And The United States Trade Representative: Suggestions For Better Coordination And Implementation Of An Effective International Trade Policy, James L. Edwards

BYU Law Review

No abstract provided.

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Using Legislation To Open Japan's Financial Markets: An Analysis Of The Trade Bill's Primary Dealer Provision, Mark A. Pearson

BYU Law Review

No abstract provided.

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The Evolution Of The Escape Clause-Section 201 Of The Trade Act Of 1974 As Amended By The Omnibus Trade And Competitiveness Act Of 1988, Warren Maruyama

BYU Law Review

No abstract provided.

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Remarks Of Dr. Carlos A. Primo Braga, Dr. Carlos A. Primo Braga

Vanderbilt Journal of Transnational Law

I am going to talk about LDCs intellectual property rights and the GATT. I do not think I need to talk too much on this, because Dr. Subramanian made an excellent presentation on the main issues yesterday. I will try to present the debate along the so-called North-South divide, and this is, of course, an oversimplification. I will be talking about the North proposal, which is basically the American proposal. It is a maximalist proposal, although parts of it are supported by other industrialized countries. The South proposals are basically the proposals of the foot draggers like Brazil and India, …

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National Treatment Obligations And Non-Tariff Barriers, John H. Jackson

Michigan Journal of International Law

This article explores the national treatment obligation of GATT, explains some of its difficult applications, and analyzes how the obligation has been affected by some of the agreements completed in the Tokyo Round of negotiations (1973-1979).

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Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas

Penn State International Law Review (1982 - 2011)

This article concentrates on the findings of the Canadian Import Tribunal (CIT, predecessor to the Canadian International Trade Tribunal) in their report entitled, Subsidized Grain Corn from the United States of America. To understand the nature of the problem with which the CIT dealt, it will be necessary to look at some of the background and peculiarities of the regulation of international trade in commodities. After a brief discussion of international and comparative discipline in the area of trade impact, of which material injury is a part, Canadian case law will be examined in order to establish trends in …

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The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review (1982 - 2011)

This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …

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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.

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The International Law Limits To The Ftc's International Activity: Does The Law Of Nations Keep The Ftc At Home?, Jesse R. Ruhl

Penn State International Law Review (1982 - 2011)

The Federal Trade Commission (FTC) possesses substantial power to regulate domestic and international commerce. International law and state sovereignty principles, however, can often prevent the FTC from exercising its domestic jurisdiction. Among the topics explored in this comment are the genesis of the FTC, a significant criticism of the topics of the FTC. the theoretical extent of the international jurisdiction of the FTC, and the international law limitations which affect the FTC's conduct.

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Effects Of The Canada-United States Free Trade Agreement On The Eqity Value Of U.S. And Canadian Banks, Leonard Bierman, Donald R. Fraser, Amanda Adkisson

Northwestern Journal of International Law & Business

This Article explains the effects of the Canada-United States Free Trade Agreement on the wealth position of shareholders of major U.S. and Canadian banks. Following the argument that stock prices in an efficient market should capture the effects of changes in regulation (both domestic and international), one would expect the prices of Canadian banks to decrease as they face substantial new competition. Likewise, the stock prices of U.S. banks operating in Canada should either rise or remain unchanged as a result of the FTA. If the greater power associated with Canadian operations is expected to add to risk-adjusted profits, stock …

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Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda

Northwestern Journal of International Law & Business

This Article discusses various negotiation styles and tactics unique to the Japanese company staff in international transactions. The authors also intend to offer some suggestions as to how one might bridge the differences between U.S. and Japanese negotiators. We hope that this Article will be useful for those who have participated in or will participate in business negotiations with Japanese companies.

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Cartel In A Can: The Financial Collapse Of The International Tin Council, Sandhya Chandrasekhar

Northwestern Journal of International Law & Business

Sovereign states that are members of international commodity organizations must bear responsibility for the actions taken by their cartels. Without the threat of legal action and punishment as a deterrent, member states have little incentive to properly administer the international trading organizations to which they belong. This Comment will first review the factual background of the International Tin Council and the court's decision in Maclaine Watson & Co. v. Department of Trade & Industry. It will then discuss the charges that the ITC administration was mismanaged. Lastly, it will analyze some legal bases that support a decision imposing member state …

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Towards A European Company Law, Dominique Carreau, William L. Lee

Northwestern Journal of International Law & Business

The prospect of creating a genuine "European" company law was raised as early as 1959, just two years after the signing of the Treaty of Rome establishing the European Economic Community. Curiously, the initiative was taken by practitioners and scholars and not by the business community, which expressed little interest in such an innovation at that time. The first steps were taken by the French Notaries Public who, at their 57th Annual Congress, suggested that it might be desirable "to adopt, by means of an international convention, a comprehensive company law, probably restricted to societes anonymes (large, publicly held [French] …

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Merger Policy And Industrial Policy , Keith Cowling

Northwestern Journal of International Law & Business

The article by Adams and Brock is a welcome and important antidote to current government thinking about merger policy, both in the United States and in Europe. In both regions, the government approach presumes the efficiency-creating properties of mergers and, therefore, adopts an extremely permissive stance. The declared imperative of international competitiveness echoes the view towards mergers which prevailed in Europe during the 1960s. However, while the analysis of Adams and Brock is both important and correct, I believe it is also incomplete. If bigness is a problem created largely by the laxity of past merger policy, then it is …

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Fortress Europe: The Myth, Martin Bangemann

Northwestern Journal of International Law & Business

The anticipation of the 1992 continental-wide market has already had an unexpected effect: one-third of the average 3.7% increase in economic growth of the European Community for 1988 is the result of investors anticipating the big market. This is the clearest signal the business community could make to show its confidence in Europe. This is the beginning of the most extensive exercise of deregulation the European Community has experienced since its creation in the 1950s. Everybody agrees that it is an irreversible trend. Long gone is the "benign neglect" of those on Wall Street and Pennsylvania Avenue that led the …

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Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine

Northwestern Journal of International Law & Business

The wave of mergers and acquisitions experienced during the last several years in the United States is now on its way to Europe. The Commission of the European Communities ('Commission') recently reported that cross-border mergers and stock purchases of majority shareholdings in the European Community ('EC' or 'Community') have surged from 29 in 1983-1984 to 52 in 1985-1986. Acquisitions by non-EC companies, particularly United States and Japanese firms, are also likely to increase dramatically. The Community has become a field ripe for merger activity largely because both European and non-European companies are keen to position themselves in anticipation of '1992,' …

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Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams

Northwestern Journal of International Law & Business

When industries are exposed to foreign competition, relaxation of antitrust law in general, and of antimerger law in particular, may be justified in two ways. First, it may be argued that the ability to compete with foreigners requires possession of market power. One variant of this argument stresses the desirability of market power itself. Domestic enterprises must neutralize restrictive practices abroad -- whether they are inspired by foreign governments or merely tolerated by them -- if such enterprises are to enjoy their "natural" comparative advantages. A second variant of the argument emphasizes the growth of minimum efficient scale in manufacturing, …

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Will There Be A Single European Community Insurance Market After 1992?, William E. Pool

Northwestern Journal of International Law & Business

There is a great deal of talk nowadays within each of the twelve Member States of the European Community, and outside too, about 1992. People are saying: "We must be ready for 1992, when the barriers will fall, and the Community's single Internal Market will come about." It all makes splendid headlines for the press, and it has caught the public's imagination. Nothing is new, of course, about the idea of creating a single Common Market among the Member States. Doing so is a fundamental objective of the Treaty of Rome of 1958, which founded the European Economic Community ("EC" …

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Putting 1992 In Perspective, Mark L. Jones

Northwestern Journal of International Law & Business

The United States has vital economic, political and military stakes in the twelve member nations of the European Community ("EC" or "Community"). A review of the 1987 statistics regarding United States exports and United States foreign direct investment demonstrates the continued economic importance of the EC nations for the United States. The Community is currently carrying out an ambitious program to complete the EC "Internal Market" by 1992. This program calls for the Community to adopt almost 300 legislative measures aimed at eliminating the remaining barriers to the free movement of goods, persons, services and capital between the Member States. …

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The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt

Northwestern Journal of International Law & Business

After eight years of an antitrust policy dominated by the principles of the Chicago School, which is better characterized as a protrust merger policy, the United States and the European Community are confronted with a new wave of mergers. The arguments for mergers are the same as in the 1960s: merger-induced bigness promotes international competition, efficiency, and technological progress. In this context, Adams and Brock in their excellent analysis ask the right questions. But did merger-induced corporate giantism provide salvation for European industry? Did it provide world-class competitiveness? Was it a success and a model of industrial policy worthy of …

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Problem Of Mergers, H.W. De Jong

Northwestern Journal of International Law & Business

Mergers and takeovers are again the order of the day. In North America, Europe, Australia, Africa and East Asia, firms try to combine, to take over, and to cooperate in joint-ventures. The combination phenomenon has risen spectacularly during the past few years. The European Community Competition Policy Reports also document an appreciable rise in acquisitions of minority holdings and in joint ventures, both of which have more than doubled during the past six years. This evidence, which could easily be multiplied, points towards one general characteristic of the merger and takeover phenomenon: mergers, takeovers and other combinations occur in waves, …

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Regulation Of Foreign Direct Investment In The United States Defense Industry, Mark L. Hanson

Northwestern Journal of International Law & Business

From 1973 to 1986, the amount of foreign capital invested in the United States increased tenfold. In 1973, the amount of foreign direct investment in the United States was $ 20.556 billion. By 1986, that figure had increased to $ 209.329 billion. Clearly, foreign capital has become a necessary element for the economic growth of the United States and has contributed significantly to the development of the nation. This Comment examines the adequacy of the existing restrictions upon foreign investment in industries holding defense contracts or having access to national security information. After first presenting the reasons underlying the United …

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(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.

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The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst

Michigan Journal of International Law

This article, part of an in-depth comparative study of municipal anti-dumping laws in Australia, Canada, the European Economic Community and the United States, does not purport to undertake a comprehensive comparative analysis of the anti-dumping laws of the four jurisdictions. Its aim is, rather, to examine the core concepts and some of the core salient features of the laws as developed in actual practice, and to consider the problems that have arisen in these jurisdictions and their solutions. For this purpose, section I will analyze procedural issues, section II substantive issues of dumping, and section III substantive issues of injury. …

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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 …

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The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …

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The Specificity Test Under U.S. Countervailing Duty Law, Pieter Matthijs Alexander

Michigan Journal of International Law

This article argues that "specificity" should be required before a benefit can be considered a countervailable subsidy. Subsequently, it explains the shades of the specificity test under U.S. law, and how the agency which administers countervailing duty law applies that test. Finally, this article discusses whether, under U.S. law, it is sufficient to rely on this test or whether additional requirements should be imposed before a benefit is deemed a countervailable subsidy.

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The Canada-U.S. Free Trade Agreement: Its Aspects, Highlights, And Probable Impact On Future Bilateral Trade And Trading Agreements, Rebecca A. Sanford

Penn State International Law Review (1982 - 2011)

No abstract provided.

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International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter

Michigan Journal of International Law

This Note will explore some of the areas overlooked by the Committee, including the benefits and burdens which adopting the Model Law would involve. Part One briefly describes the Model Law's background and provides a summary of its articles. Part Two discusses some factors that should be considered when Congress decides whether or not to adopt the Model Law. Part Three summarizes the present status of international commercial arbitration law in the United States, and recommends en bloc adoption of the Model Law. Enacting a separate international arbitration law that is familiar to foreigners will facilitate arbitration with U.S. parties. …

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Full-Text Articles in International Trade Law

Overview Of Amendments In The 1988 Omnibus Trade Bill: Sections 301, "Super 301" And 337, Howard Russell

BYU Law Review

The Omnibus And Fair Trading Act Of 1988 And The United States Trade Representative: Suggestions For Better Coordination And Implementation Of An Effective International Trade Policy, James L. Edwards

BYU Law Review

Using Legislation To Open Japan's Financial Markets: An Analysis Of The Trade Bill's Primary Dealer Provision, Mark A. Pearson

BYU Law Review

The Evolution Of The Escape Clause-Section 201 Of The Trade Act Of 1974 As Amended By The Omnibus Trade And Competitiveness Act Of 1988, Warren Maruyama

BYU Law Review

Remarks Of Dr. Carlos A. Primo Braga, Dr. Carlos A. Primo Braga

Vanderbilt Journal of Transnational Law

National Treatment Obligations And Non-Tariff Barriers, John H. Jackson

Michigan Journal of International Law

Countervailing Subsidization: Another Missile In The Trade Law Arsenal?, Francois E.J. Tougas

Penn State International Law Review (1982 - 2011)

The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review (1982 - 2011)

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 International Law Limits To The Ftc's International Activity: Does The Law Of Nations Keep The Ftc At Home?, Jesse R. Ruhl

Penn State International Law Review (1982 - 2011)

Effects Of The Canada-United States Free Trade Agreement On The Eqity Value Of U.S. And Canadian Banks, Leonard Bierman, Donald R. Fraser, Amanda Adkisson

Northwestern Journal of International Law & Business

Beware Of Japanese Negotiation Style: How To Negotiate With Japanese Companies, Danian Zhang, Kenji Kuroda

Northwestern Journal of International Law & Business

Cartel In A Can: The Financial Collapse Of The International Tin Council, Sandhya Chandrasekhar

Northwestern Journal of International Law & Business

Towards A European Company Law, Dominique Carreau, William L. Lee

Northwestern Journal of International Law & Business

Merger Policy And Industrial Policy , Keith Cowling

Northwestern Journal of International Law & Business

Fortress Europe: The Myth, Martin Bangemann

Northwestern Journal of International Law & Business

Ec Merger Control In The 1990s: An Overview Of The Draft Regulation, Frank L. Fine

Northwestern Journal of International Law & Business

Does Exposure To International Trade Justify Relaxed Antitrust Treatment Of Mergers, William James Adams

Northwestern Journal of International Law & Business

Will There Be A Single European Community Insurance Market After 1992?, William E. Pool

Northwestern Journal of International Law & Business

Putting 1992 In Perspective, Mark L. Jones

Northwestern Journal of International Law & Business

The Bigness Mystique And The Merger Policy Debate: A Comment From West Germany, Ingo L.O. Schmidt

Northwestern Journal of International Law & Business

Problem Of Mergers, H.W. De Jong

Northwestern Journal of International Law & Business

Regulation Of Foreign Direct Investment In The United States Defense Industry, Mark L. Hanson

Northwestern Journal of International Law & Business

(Why) Should Nations Utilize Antidumping Measures?, Ross Denton

Michigan Journal of International Law

The Anti-Dumping Systems Of Australia, Canada, The Eec And The United States Of America: Have Anti-Dumping Laws Become A Problem In International Trade?, Edwin A. Vermulst

Michigan Journal of International Law

Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick

Michigan Journal of International Law

The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick

Michigan Journal of International Law

The Specificity Test Under U.S. Countervailing Duty Law, Pieter Matthijs Alexander

Michigan Journal of International Law

The Canada-U.S. Free Trade Agreement: Its Aspects, Highlights, And Probable Impact On Future Bilateral Trade And Trading Agreements, Rebecca A. Sanford

Penn State International Law Review (1982 - 2011)

International Commercial Arbitration In The United States: Considering Whether To Adopt Uncitral's Model Law, Patrick John Potter

Michigan Journal of International Law