The decline of free trade and U.S. trade policy today

Article Abstract:

The trade policy of the US has traditionally been perceived as promoting the cause of free trade, but has become protectionist with the enactment of the Omnibus Trade and Competitiveness Act of 1988. The Super and Special 301 provisions of this law have been used in a protectionist manner against the US's trading partners. As a result, the US is violating the provisions of GATT by protecting its own markets while attempting to force open the markets of those it trades with. Traditional concepts of free trade and the effects of US policy are examined.

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Super 301: gone but not forgotten

Article Abstract:

The Super 301 provision of the Omnibus Trade and Competitiveness Act of 1988 expired in Dec 1990, and despite agitation in Congress, should not be revived. Both the regular Section 301 provisions and the framework established under GATT are adequate to the task of dispute resolution in matters of international trade. Should the US reestablish this or a stronger punitive, unilateral measure, our trading partners may feel justified in creating their own protectionist legislation.

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Jurisprudence in international trade law: Article XX of GATT

Article Abstract:

Only eight cases have ever been heard concerning Article XX of the GATT, which regulates trade discrimination of an arbitrary nature and veiled trade restrictions. In addition it regulates compliance with national laws that are not in conflict with GATT. The decisions in these eight cases, criticized for poor documentary quality, have defined Article XX adequately in case law. A brief review of the cases in question is included.

Interpretation and construction, International law

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