Protectionism versus free trade: implementing the GATT antidumping agreement in the United States

Article Abstract:

The GATT antidumping provisions are incompatible with the free trade principles at the heart of the agreement, a reflection of the strong protectionist element in US trade policy. While antidumping laws protect some US industrial interests, such measures tend to hurt consumers by increasing the price of goods at the expense of quality. The Antidumping Agreement in Article VI of the GATT covers trade areas such as fair comparison standards, injury continuation, duty absorption, and de minimis dumping margins. This Article is generally contrary to the spirit of the GATT, but clearly indicates the degree of US protectionism.

United States, Analysis, Dumping (International trade), International trade regulation, Protectionism, Free trade, international

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The "drapery of illusion" of Section 304 - what lurks beneath: territoriality in the judicial application of Section 304 of the Bankruptcy Code

Article Abstract:

Courts in the US have used Section 304 of the Bankruptcy Code to favor American claims, against the intent of the section to allow international cooperation. Courts have taken a protectionist stance and adopted the theory of territoriality wherein the local assets are given priority against foreign claims. In opposition to territoriality stands the theory of universality, which the federal government should require the courts to adopt when they use Section 304 in international bankruptcy cases.

Bankruptcy law, Priorities of claims and liens

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Binding the states: a survey of state law conformance with the standards of the GATT Procurement Code

Article Abstract:

Many US states do not comply with the 1979 GATT Agreement on Government Procurement and compliance is essential to expand contracting opportunities with governments in the European Community and other GATT members. Local or national purchasing favoritism exists in 39 US states, which is the strongest violation of GATT. It should be possible to bring the states into compliance using their adherence to the principles of open contracting and competitive bidding.

Interstate commerce, Exclusive and concurrent legislative powers, Preemption (Legislative power), Government purchasing

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