Georgetown Journal of International Law articles from September 2008

Georgetown Journal of International Law archives from September 2008

Tax discrimination and trade in services: the search for a balance in Canada-U.S. relations.
September 22, 2008... I. OVERVIEW II. THE MOVE AGAINST DISCRIMINATION IN TRADE IN SERVICES A. General Agreement on Trade in Services 1. Overview 2. Most-Favoured-Nation Treatment 3. National Treatment B. The North...

Does annex 22-B of the proposed United States-Korea Free Trade Agreement contemplate and allow for trade with respect to North Korea?
September 22, 2008... INTRODUCTION At times, nations structure their foreign trade policy to achieve non-trade policy goals. Government decisions to enter into trade agreements, which are one of the most common types of trade policies, are the result of both...

Trade adjustment assistance cases: 2007 developments.
September 22, 2008... I. INTRODUCTION Congress vested the authority to investigate petitions for trade adjustment assistance ("TAA") in the Department of Labor ("Labor") and the Department of Agriculture ("USDA"). (1) The U.S. Court of International Trade...

28 U.S.C. s. 1581(i) "residual" jurisdiction: 2007 year in review of decisions issued by the U.S. Court of International Trade.
September 22, 2008... I. INTRODUCTION Cases brought under 28 U.S.C. [section] 1581(i) constituted a significant part of the U.S. Court of International Trade's ("CIT") docket in 2007 and resulted in some very interesting and important decisions. These cases ran...

28 U.S.C. s. 1581(c) - review by the Court of International Trade of antidumping & countervailing duty determinations issued by the Department of Commerce.
September 22, 2008... INTRODUCTION In 2007, the U.S. Court of International Trade ("CIT") issued 189 slip opinions, more than one-third of which were opinions reviewing determinations regarding the administration of the unfair trade laws by the U.S. Department...

The year in review: 28 U.S.C. s. 1581(a) decisions in 2007 by the CIT and others. (US Court of International Trade)
September 22, 2008... I. INTRODUCTION The United States Court of International Trade ("CIT") is the only court of its kind in the federal judicial system. Like other Article III courts, it is endowed with all of the powers of the United States federal district...

U.S. Court of International Trade decisions during 2007 in appeals of determinations of the U.S. International Trade Commission.
September 22, 2008... I. INTRODUCTION The U.S. Court of International Trade ("CIT" or the "court") reviews determinations of the U.S. International Trade Commission (the "Commission" or "ITC") pursuant to 28 U.S.C. [section] 1581 (c). (1) In general, an...

Decisions of the Court of International Trade under 28 U.S.C. s. 1582: the year in review.
September 22, 2008... Under 28 U.S.C. [section] 1582, the U.S. Court of International Trade ("CIT") has exclusive jurisdiction over any civil action that arises out of an import transaction and that is commenced by the United States to recover certain civil...

U.S. climate change legislation and the use of GATT article XX to justify a "competitiveness provision" in the wake of Brazil-Tyres.
September 22, 2008... I. INTRODUCTION The release of the Fourth Assessment Report by the Intergovernmental Panel on Climate Change ("IPCC") in 2007 put to rest much of the controversy that once surrounded global warming. According to the IPCC's report,...

Is the WTO appellate body a "constitutional court"? The interaction of the WTO dispute settlement system with regional and national actors.
September 22, 2008... INTRODUCTION In the aftermath of the Second World War, the Allies initiated a remaking of the international order to prevent a recurrence of such a tragedy. As part of the postwar order, the Allies met at Bretton Woods intending to create...