BiblioVault - Books about Foreign trade regulation

Aggressive Unilateralism

America's 301 Trade Policy and the World Trading System

Jagdish Bhagwati and Hugh T. Patrick, Editors

University of Michigan Press, 1990

This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.

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Analytical and Negotiating Issues in the Global Trading System

Alan Deardorff and Robert M. Stern, Editors

University of Michigan Press, 1994

This title was formally part of the Studies in International Trade Policy Series, now called Studies in International Economics.

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Conflict Amid Consensus in American Trade Policy

Martha L. Gibson

Georgetown University Press, 2000

Americans have witnessed inconsistent and seemingly dramatic turnabouts in legislators' attitudes toward trade, with strong bipartisan support for free trade and the Uruguay Round in one instant and heated debate over participation in the World Trade Organization the next. Martha L. Gibson systematically traces the competing forces that interject conflict into an overall consensus on the value of a liberalized trade policy.

Cutting through the tangled web of congressional politics, Gibson shows why it is impossible to understand trade legislation without first understanding how electoral politics and the institutional rules of Congress distort legislators' interests, incentives, and policy goals. Gibson's book clearly shows that trade legislation is not made in a vacuum but is just one in a series of simultaneous games with competing goals in which legislators engage to satisfy the conflicting demands of constituents.

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The Courts of International Trade

Judicial Specialization, Expertise, and Bureaucratic Policymaking

Isaac Unah

University of Michigan Press, 1998

In the United States cases involving the interpretation of laws dealing with international trade are heard by a specialized court, the Court of International Trade, and on appeal by a specialized appellate court, the Court of Appeals for the Federal Circuit. In a groundbreaking study, Isaac Unah studies these courts to explore the way specialized courts work and how they fit into the federal court system. We know little about why specialized courts are created and how their role in interpreting law might differ from the role played by the courts of general jurisdiction. These courts play an important role in regulating agencies that affect many aspects of our lives, including the Internal Revenue Service, the Patent Office, and agencies that administer trade laws. The author considers the way these courts relate to the work of the agencies whose cases must always come to these courts. And he offers fresh insights into the differences between specialized courts and courts of general jurisdiction.
This book will be of interest to scholars studying the judiciary, bureaucracies, and international trade law and administration.
Isaac Unah is Assistant Professor of Political Science, University of North Carolina.

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Playing By the Rules

American Trade Power and Diplomacy in the Pacific

Michael P. Ryan

Georgetown University Press, 1995

Ryan evaluates the nature and effectiveness of U.S. trade diplomacy with Japan, Korea, Taiwan, and China in the 1970s and 1980s by examining the diplomatic strategies used by the U.S. Trade Representative to enforce Section 301 of the 1974 Trade Act, which was designed to protect free trade and competition through investigations, negotiations, and sanctions.

Ryan shows the different trade diplomacy tactics the East Asian governments pursued during dispute settlement negotiations with the USTR. The study also evaluates the fit between the East Asian political economies and the rules and principles of the General Agreement on Trade and Tariffs (GATT) regime. It explores the capabilities of the multilateral and minilateral regional institutions of trade dispute in the Pacific to settle emerging trade disputes. In the debate over rule-based or power-based diplomacy, Ryan concludes that U.S. trade diplomacy was most successful when it was rule-based, and that it gained significant compliance with GATT and other fair trade agreements.

Ryan interviewed many of the key trade negotiators in Tokyo, Seoul, Taipei, Beijing, and Washington. His analysis is based on the largest, most systematic, market sector-specific data set yet presented on U.S. export trade dispute settlement in the Pacific. It studies the structure of state power, the structures of international business competition in manufacturing, agriculture, and services, the international and regional institutions of trade diplomacy, and the national governmental institutions of trade diplomacy in the Pacific.

Anyone interested in international trade or diplomacy will find this book a source of new insight into the dynamics of trans-Pacific trade.

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The Political Economy of Trade Protection

Edited by Anne O. Krueger

University of Chicago Press, 1995

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.

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Regulatory Barriers and the Principle of Non-discrimination in World Trade Law

Past, Present, and Future

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 2000

The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.

The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.

Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.

Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.

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The Role of the Judge in International Trade Regulation

Experience and Lessons for the WTO

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 2003

The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication.
The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO.
Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Patrick Blatter is Mavroidiss scientific collaborator.

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State Trading in the Twenty-First Century

The World Trade Forum, Volume 1

Thomas Cottier and Petros C. Mavroidis, Editors

University of Michigan Press, 1998

The University of Michigan Press is pleased to announce the first volume in an annual series, The World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually and discuss integration issues in international economic relations, focusing on a new theme each year.

The central topic of the first World Trade Forum is state trading. To what extent has trade liberalization, as we have experienced it over the last fifty years, affected property ownership? Contributors to the 1998 World Trade Forum explore this question, examining both state practice and the regulatory framework. Their discussions are divided into three parts: Part 1 looks at the World Trade Organization's legal framework for state trading enterprises, taking on such issues as monopolies and state enterprises, the WTO Antidumping Agreement and the economies in transition, and relationship of state trading and the Government Purchasing Act. Part 2 deals with regional experiences in state trading (for the EC, United States, Canada, Japan, China, and Russia). Part 3 examines conceptual issues such as auctions as a trade policy instrument and rule-making alternatives for entities with exclusive rights. The conclusion synthesizes the foregoing chapters in discussing the reach of modern international trade law.

Contributors are Frederick Abbott, Ichiro Araki, Christian Bach, Jacques H. J. Bourgeois, Thomas Cottier, William J. Davey, Vladimir Dbrentsov, Toni Haniotis, Bernard M. Hoekman, Gary Horlick, Henrik Horn, Robert Howse, Patrick Low, Will Martin, Mitsuo Matsushita, Petros Mavroidis, Aaditya Mattoo, Patrick Messerlin, Constantine Michalopoulos, Kristin Heim Mowry, Stilpon Nestor, Damien Neven, N. David Palmeter, Ernst-Ulrich Petersmann, André Sapir, Diane P. Wood, and Werner Zdouc.

Petros Mavroidis is Professor of Law, University of Neuchatel. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School.

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Taking Trade to the Streets

The Lost History of Public Efforts to Shape Globalization

Susan Ariel Aaronson

University of Michigan Press, 2002

In the wake of civil protest in Seattle during the 1999 World Trade Organization meeting, many issues raised by globalization and increasingly free trade have been in the forefront of the news. But these issues are not necessarily new. Taking Trade to the Streets describes how so many individuals and nongovernmental organizations came over time to see trade agreements as threatening national systems of social and environmental regulations. Using the United States as a case study, Susan Ariel Aaronson examines the history of trade agreement critics, focusing particular attention on NAFTA (the North American Free Trade Agreement between Canada, Mexico, and the United States) and the Tokyo and Uruguay Rounds of trade liberalization under the GATT. She also considers the question of whether such trade agreement critics are truly protectionist.
The book explores how trade agreement critics built a fluid global movement to redefine the terms of trade agreements (the international system of rules governing trade) and to redefine how citizens talk about trade. (The "terms of trade" is a relationship between the prices of exports and of imports.) That movement, which has been growing since the 1980s, transcends borders as well as longstanding views about the role of government in the economy. While many trade agreement critics on the left say they want government policies to make markets more equitable, they find themselves allied with activists on the right who want to reduce the role of government in the economy.
Aaronson highlights three hot-button social issues--food safety, the environment, and labor standards--to illustrate how conflicts arise between trade and other types of regulation. And finally she calls for a careful evaluation of the terms of trade from which an honest debate over regulating the global economy might emerge.
Ultimately, this book links the history of trade policy to the history of social regulation. It is a social, political, and economic history that will be of interest to policymakers and students of history, economics, political science, government, trade, sociology, and international affairs.
Susan Ariel Aaronson is Senior Fellow at the National Policy Institute and occasional commentator on National Public Radio's "Morning Edition."

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The Three and a Half Minute Transaction

Boilerplate and the Limits of Contract Design

Mitu Gulati and Robert E. Scott

University of Chicago Press, 2012

Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign—for one of the first times in the market’s centuries-long history—to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause.

Using this case as a launching pad to explore the broader issue of the “stickiness” of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.

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U.S. International Economic Strategy in a Turbulent World

Strategic Rethink

Howard J. Shatz

RAND Corporation, 2016

This report presents strategic choices America faces regarding the international economy over the term of the next U.S. administration, focusing on policy choices in the areas of maintaining and improving the rules-based international economic system; working with China and better integrating it into the existing system; supporting economic growth of allies and partners; and using sanctions to change unwanted behavior and counter adversaries.

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