Antidumping and Cotton Subsidies- A Market-based Defense of Unfai
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Antidumping and Cotton Subsidies- A Market-based Defense of Unfai
Antidumping and Cotton Subsidies- A Market-based Defense of Unfai
Northwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiir Trade RemediesNadia E.NedzelFollow this and additional works at: http://scholarlycommons.law.norlhwestern.edu/njilbPart of the Antitrust and Trade Regulation Commons, International Trade Commons, and the Litigation CommonsRecommended CitationNadia E. Nedzel, Antidumping and Cotton Subsidies: A Ma Antidumping and Cotton Subsidies- A Market-based Defense of Unfairket-based Defense of Unfair Trade Remedies 28 Nw |, lnt'1 L. & Bus. 21$ (2007-2008)1 his Article is brought co you for free and open access by NorthwAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
estern University School of Law -Scholarly Commons. It has been accepted for induDOO in Northwestern Journal of International Law is Business by an auNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiade RemediesNadia E. Nedzel, LL.M.’I. INTRODUCTIONHenry II of England encouraged the use of litigation as a way to decrease lawlessness in an unruly bunch of Anglo-Saxons, thus founding the common law. On a domestic level, litigation remains an important means of resolving conflict without resorting Antidumping and Cotton Subsidies- A Market-based Defense of Unfai to force or violence. The same principle applies on a global level. This article argues that trade remedies, problematic though they may be, provideAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
a legal framework in which litigation can and must be promulgated to protect the benefits of a global market economy.Though trade remedies are anti-maNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiand Trade (“GATT”) is one of free trade, and because protectionist remedies are deliberately cumbersome and expensive. Major market participants bring such actions as another competitive tool in their arsenal, and use that tool primarily during periods of economic recession. Once a local economy beg Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiins an upsurge, such remedies either become irrelevant due to rising prices or are eventually repealed based on market demand. While the costs of suchAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
proceedings arc exorbitantly high for all parties involved directly or indirectly—petitioners, respondents, governmental agencies, and consumers—thosNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfai, accountability, and predictability.There are essentially four positions one can take with respect to the* Assistant Professor, Southern University Law Center. I would like to thank Southern University Law Center and Chancellor Freddie Pitcher for the summer research stipend that made this article Antidumping and Cotton Subsidies- A Market-based Defense of Unfaipossible, as well as the members of the faculty for their support and understanding during my time of need following Hurricane Katrina.28:215 (2008)NoAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
rthwestern Journal ofInternational Law & Businessrole of law in a global economy: 1) mercantilism, 2) doctrinaire libertarianism, 3) doctrinaire sociaNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaione views the global economy like a game of Monopoly where the object is for a country to bankrupt its competitors; the economy is an extension of national political or ideological goals.1 Like mercantilism, those who espouse doctrinaire libertarianism (otherwise known as anarcho-capitalism) similar Antidumping and Cotton Subsidies- A Market-based Defense of Unfaily believe that law has no role in a global economy. Doctrinaire libertarians see free-market capitalism as the basis for a free society and advocateAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
that the state, law enforcement, courts, national defense, and all other governmental services should be replaced by voluntarily-funded competitors inNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaictrinaire socialists believe that law should have a dominant role in a global economy. Under this view, the role of political and legal institutions is to create a planned economy in which the means of production are owned collectively and equality is given a high priority? Enlightened political eco Antidumping and Cotton Subsidies- A Market-based Defense of Unfainomists similarly believe that legal institutions have an important role in a global economy. However, rather than dominating that economy with an eyeAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
towards forcing equality, they believe that the role of law and legal institutions such as the World Trade Organization (“WTO”) is to help move a worNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaieconomy,4 and this article will be developed with the same approach.Part II of this article begins with an explanation of GATT’s basic operating principles, what effect the operation of those principles has had on the global trade of goods, and introduces the policies underlying the1“Mercantilism is Antidumping and Cotton Subsidies- A Market-based Defense of Unfai an economic theory that holds that the prosperity of a nation depends upon its supply of capital, and that the global volume of trade is ‘unchangeablAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
e.’” Wikipedia, Mercantilism, http://cn.wikipcdia.org/wiki/Mercantilism (last visited Mar. 8, 2008). Thus, the ruling government should play a protectNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfai J. Int’l L. 297 (2006) (discussing residual mercantilism in international relations as justification for international trade rules).2See Murray N. Rothbard, The Ethics of Liberty 159-98 (1998); Walter Block, Rejoinder to Holcombe on the Inevitability of Government, 21 J. Libertarian Stud. 49 (2007) Antidumping and Cotton Subsidies- A Market-based Defense of Unfai; Walter Block, Anarchism and Minarchism: No Rapprochement Possible: Reply to Tibor Machan, 21 J. Libertarian Stud. 91 (2007).3See Graham Bannock, RonAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
Baxter & Evan Davis, Socialism, in Dictionary of Economics 360,360 (4th ed 2003).4See World Trade Organization, Understanding the WTO: Principles of Northwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiciples, TCS Daily, Apr. 17, 2006, http://www.frecrepublic.com/focus/f-ncws/1616779/posts (last visited Mar. 8, 2008).Antidumping anaƯUƠJIUiCJ28:215 (2008)three trade remedies. Part Hi outlines the legal requirements of the WTO trade remedies (antidumping, countervailing duties, and safeguards), as w Antidumping and Cotton Subsidies- A Market-based Defense of Unfaiell as the WTO Dispute Resolution process and its impact on trade remedy disputes. Part IV provides a history of how the three trade remedies developeAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
d, including their implementation in the United States. Part V gives a numerical analysis of the past decade of antidumping, countervailing duties, anNorthwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfai. Finally, Part VII provides a contextual defense of unfair trade remedies, concluding that while they have little or nothing to do with unfair trade, their use as a limited political ‘escape hatch’ against a background norm of freer trade has ultimately resulted in freer global trade, and that limi Antidumping and Cotton Subsidies- A Market-based Defense of Unfaitation should be extended to include stronger limitations on agricultural subsidies.II. CONTEXT: GATT’S FREER TRADE PRINCIPLES AND UNFAIR TRADE REMEDIAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
ESA. The World Trade Organization and Freer TradeConsistent with the goal of freer trade, the World Trade Organization, established in 1994, is based Northwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of Unfai Antidumping and Cotton Subsidies- A Market-based Defense of Unfai. The primary function of the WTO is to set rules of trade between nations.5 It is the vehicle of enactment for several multinational agreements, of which the GATT treaty is one.6 In setting up a trade regime, the WTO’s stated primary goal is to encourage international commerce: although trade docs Antidumping and Cotton Subsidies- A Market-based Defense of Unfainot ensure peace, it discourages war.7 Thus, the goal of the WTO is to encourage trade among Members by setting predictable rules, encouraging freer tAntidumping and Cotton Subsidies- A Market-based Defense of Unfai
rade and competition, and providing benefits for less developed nations.8 The WTO does not mandate free trade,5See World Trade Organization, The WTO..Northwestern Journal of International Law & BusinessVolume 28Issue 2 WinterWinter 2008Antidumping and Cotton Subsidies: A Marketbased Defense of UnfaiGọi ngay
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