Full Description
This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts.
Contents
Antidumping: The World Trade Organization Antidumping Agreement; How the GATT Became Protectionist - An Analysis of the Uruguay Round Draft Final Antidumping Code; Standards for Panels Reviewing Anti-dumping Determinations under the GATT and WTO; A Personal History of Zeroing; Smoot-Hawley in Slow Motion; Adjustments to the Administration of Anti-dumping Laws among NAFTA Members: Proposals and Suggestions; Nonmarket Economy Trade and U.S. Antidumping/Countervailing Duty Laws; Antidumping Policy as a System of Law; Antidumping and Countervailing Duty Law Provisions of the Omnibus Trade and Competitiveness Act of 1988; Subsidies: The 1994 WTO Subsidies Agreement; The Agreement on Subsidies and Countervailing Measures; Government Action against Domestic Subsidies, an Analysis of the International Rules and an Introduction to United States' Practice; Subsidies Discipline Under WTO and US Rules; United States: Court of Appeals for the Federal Circuit Opinion in PPG Industries, Inc. v. United States (U.S. Countervailing Duty Law); WTO Subsidies Discipline During and After the Crisis; Other Trade Issues: WTO Dispute Settlement from the Perspective of Developing Countries; Problems with the Compliance Structure of the WTO Dispute Resolution Process; The Compliance Problems of the WTO; Political Questions in International Trade: Judicial Review of Section 301?; Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free-Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body's Turkey - Textiles Ruling; NAFTA Chapter 11B: A Private Right of Action to Enforce Market Access through Investments; Sovereignty, Trade and the Environment - A U.S. Perspective; The World Trading System at the Crossroad of Science and Politics; Climate Change Legislation in the United States and the WTO; Nonconclusions; Trade War or Growing Pains?; China and the Future of Trade Law.
