Rule of Law Commons^™

Perspectives On The Jurisprudence Of International Trade: Costs And Benefits Of Legal Procedures In The United States, John H. Jackson

Michigan Law Review

In this brief article I will confine myself to an analysis of the U.S. legal system pertaining to regulation of imports, deferring to other works an exploration of similar questions relating to regulation of exports or other international economic activities. First, however, I wish to touch on policies related to the legal structure of international rules for trade. This will help put the subject of this article in broader perspective, and although I will focus on U.S. domestic law measures, it will readily be seen that the international system depends greatly on national legal systems for its efficacy, and that …

International Transactions In A Cold Climate; Or Whatever Became Of The Law Merchant?, Henry Harfield

Vanderbilt Journal of Transnational Law

International trade can be conducted only under the rule of law. There is no rule of law that governs international trade. These statements form a paradox, and the beginning of two possible syllogisms. One construction is that since there is no rule of law governing international trade, and international trade is dependent upon the rule of law, international trade must perish. The other and more hopeful construction is that international trade does exist, it must exist, and because it is dependent upon the rule of law, a rule of law must be devised.

I believe in the latter formulation, but …