Author: Joseph P. KaltPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
Precedent and Legal Argument in US Trade Policy
Author: Joseph P. KaltPrecedent and legal argument in U.S. trade policy
Author: Joseph P. KaltPrecedent and Legal Argument in U.S. Trade Policy
Author: Joseph P. KaltPublisher:
ISBN:
Category : Canada
Languages : en
Pages : 48
Book Description
For more than a decade, the United States and Canada have been engaged in a rancorous dispute over trade in softwood lumber. Through three successive rounds of administrative litigation before the U.S. Department of Commerce, the U.S. sawmill industry has sought to have countervailing duties imposed upon Canadian lumber imports. The U.S. interests argue that Canada subsidizes its sawmills by providing timber from public forests at below-market prices, and by restricting exports of Canadian logs. This study examines whether, and to what extent, the institutional framework -- the legal rules, standards and precedents - - of CVD law influences the success or failure of the contending parties. Two alternative theories of political economy are tested. Capture Theory de-emphasizes the role of institutional settings of the kind at work here: The outcomes of political action are determined by the stakes and organization of rent-seeking parties, and the quasi- judicial regulatory proceedings of the Department of Commerce are mere Stiglerian theater. The New Institutionalism, on the other hand, posits that the structure and form of such proceedings are conditioning constraints, with the capacity to significantly influence the outcome of rent-seeking battles. Applying pseudo-regression Boolean techniques to a set of the actual legal issues argued before the Department of Commerce, this study finds more support for Capture Theory than for the New Institutionalism. An issue with large stakes is never lost by the politically-favored party, even when legal precedent and the burden of argument is against the party's interest.
The Political Economy of American Trade Policy
Author: Anne O. KruegerPublisher: University of Chicago Press
ISBN: 0226455017
Category : Business & Economics
Languages : en
Pages : 474
Book Description
Exploring the political and economic determinants of trade protection, this study provides a wealth of information on key American industries and documents the process of seeking and conferring protection. Eight analytical histories of the automobile, steel, semiconductor, lumber, wheat, and textile and apparel industries demonstrate that trade barriers rarely have unequivocal benefits and may be counterproductive. They show that criteria for awarding protection do not take into account the interests of consumers or other industries and that political influence and an organized lobby are major sources of protection. Based on these findings, a final essay suggests that current policy fails to consider adequately economic efficiency, the public good, and indirect negative effects. This volume will interest scholars in economics, business, and public policy who deal with trade issues.
Model Rules of Professional Conduct
Author: American Bar Association. House of DelegatesPublisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Political Economy of Trade Protection
Author: Anne O. KruegerPublisher: University of Chicago Press
ISBN: 0226455025
Category : Business & Economics
Languages : en
Pages : 126
Book Description
This clear, concise summary of the in-depth analyses presented in The Political Economy of American Trade Policy examines the level, form, and evolution of American trade protection. In case studies of trade barriers imposed during the 1980s to help the steel, semiconductor, automobile, lumber, wheat, and textile and apparel industries, the contributors trace the evolution of efforts to obtain protection, protectionist measures, and their results. A chapter assessing the common themes that emerge from the studies concludes that the focus of current trade law is exclusively on the individual protection-seeking industries, with little regard for indirect effects on using industries or for consumers. Reform could usefully take these effects into account. This volume will interest policymakers, business executives, and anyone interested in trade policy formulation and practice.
Clashing Over Commerce
Author: Douglas A. IrwinPublisher: University of Chicago Press
ISBN: 022639901X
Category : Political Science
Languages : en
Pages : 873
Book Description
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
The World Trading System
Author: John Howard JacksonPublisher: MIT Press
ISBN: 9780262600279
Category : Business & Economics
Languages : en
Pages : 464
Book Description
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.
A History of Law and Lawyers in the GATT/WTO
Author: Gabrielle MarceauPublisher: Cambridge University Press
ISBN: 1316299996
Category : Law
Languages : en
Pages : 689
Book Description
How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.
Settled Versus Right
Author: Randy J. KozelPublisher: Cambridge University Press
ISBN: 110712753X
Category : Law
Languages : en
Pages : 191
Book Description
This book analyzes the theoretical nuances and practical implications of how judges use precedent.