Domestic Structures and International Trade: The Unfair Trade Instruments of the United States and European Union

by Candido Garcia Molyneux

Overview

This book places international trade law within an economic,political and sociological context, contending that globalisation is characterised by both homogeneity and diversity. However, while implying changes within contracting parties, globalisation only results in a 'thin' homogeneity. Furthermore, globalisation is the result of the interaction, negotiations and policies between states. From this perspective, the book attempts to explain trade policy as resulting from domestic factors. Thus, if globalisation is characterised by diversity, how do such differences affect the trade policy of states in an era where nearly everything is subject to commerce?



The book focuses on the US and the EC, analysing different institutional and substantive aspects of unfair trade instruments, such as anti-dumping and countervailing measures and market access instruments. Domestically, it focuses on both constitutional and socio-economic constraints. The book considers political action prescribed by formal constitutions in a wider socio-economic context, rejecting the a-historical and structurally blind normative idea of free trade.

Product Details

ISBN-13:	9781841131320
Publisher:	Bloomsbury Academic
Publication date:	02/01/2001
Series:	Studies in European Law and Integration , #3
Pages:	328
Product dimensions:	6.14(w) x 9.21(h) x 0.75(d)

About the Author

Candido Garcia Molyneux is a lawyer with Coudert in Brussels.

Table of Contents

	Table of Cases	xi
	Table of Legislation	xix
	Introduction	xxv
1	Theoretical Background	1
1.A.	States and Globalisation	1
1.A.1.	The Approach	1
1.A.2.	The Structural Approach: Globalisation and Diversity	5
1.A.3.	The Link between Constitutional and Socio-Economic Structures: Diversity and Domestic Legitimacy	9
1.B.	Unfair Trade Instruments and Protectionism	14
1.B.1.	The Basic Elements of Anti-dumping and Countervailing Measures	14
1.B.2.	The Basic Elements of Market Access Instruments	19
1.B.3.	The Background of Unfair Trade Instruments: The Relation between the Domestic and the External Sphere	22
Part I	United States Trade Policy
2	The Domestic Structures of United States Trade Policy	35
2.A.	Introduction	35
2.B.	The Domestic Socio-Economic Structures of the United States	41
2.B.1.	The Origins	41
2.B.2.	The Weakness of the US Government	42
2.B.2.a.	The Decentralisation of Congress	43
2.B.2.b.	The US Executive	47
2.B.2.c.	The United States Government 'Hands Off' Policy	49
2.B.3.	The Plurality of the American Market	50
2.B.4.	The Way the US Socio-Economic Structures Affect American Trade Policy	54
2.C.	The Constitutional Framework of United States' Trade Policy	57
2.C.1.	Principal Constitutional Features of the United States' International Trade Policy	57
2.C.2.	Congress in the United States' International Trade Policy Making Process	65
2.C.2.a.	The Powers of Congress in International Trade	65
2.C.2.b.	The Trade Committees in Congress	70
2.C.2.c.	Congress and Trade Policy	71
2.C.3.	The Executive and the Independent Agencies in the United States' International Trade Policy Making Process	73
2.C.3.a.	The Trade Powers of the President	73
2.C.3.b.	Congressional Delegations of Powers: The US Trade Agencies	76
2.C.4.	The Procedures to Conclude International Trade Agreements	83
2.C.4.a.	The Treaty Procedure	83
2.C.4.b.	Congressional-Executive Agreements	85
2.C.4.c.	Fast Track	89
3	United States' Unfair Trade Instruments as a Reflection of its Domestic Sphere	95
3.A.	The United States Implementation of the Uruguay Round Agreement on Research and Development Subsidies	95
3.A.1.	Introduction	95
3.A.2.	United States' Background on the R&D Subsidies Agreement	96
3.A.3.	The Uruguay Round R&D Subsidies Agreement	99
3.A.4.	The Agreement's Implementation Process in the US	101
3.A.5.	The Final Legislation Implementing the R&D Agreement	105
3.A.6.	The Post Uruguay Round Administrative Countervailing Duty Practice on R&D Subsidies	109
3.A.7.	Some Remarks	112
3.B.	United States' Countervailing Duty Policy	112
3.B.1.	Introduction	112
3.B.2.	The Legal Background of US Countervailing Duty Policy	113
3.B.3.	US Countervailing Duty Practice Against Developing Countries	115
3.B.4.	The Rationale for US Countervailing Policy	117
3.B.4.a.	The Deterrence Approach	117
3.B.4.b.	Comparing Market Systems	121
3.B.5.	An Illustration of the US Rationale: The GATT 1994 Steel Cases	125
3.B.6.	Some Remarks	130
3.C.	Section 301 of the 1974 Trade Act: A Metaphor of United States Trade Policy	131
3.C.1.	Introduction	131
3.C.2.	The Concept of Unreasonableness in Section 301	132
3.C.3.	Action under Section 301	135
3.C.4.	Some Remarks	139
Part II	The European Union's Common Commercial Policy
4	The Domestic Structures of the European Union	143
4.A.	Introduction	143
4.B.	The Domestic Structures of France and Germany	150
4.B.1.	Introduction	150
4.B.2.	The Domestic Structures of France	151
4.B.3.	The Domestic Structures of Germany	158
4.B.4.	The Persistence of Differences in Europe	163
4.C.	The Constitutional Structures of the Common Commercial Policy	166
4.C.1.	Legal Basis, Competence and Procedure in the Common Commercial Policy	166
4.C.2.	The External Trade Powers of the European Community: Article 133	176
4.C.2.a.	The Debate About Article 133	176
4.C.2.b.	Opinion 1/94 and its Aftermath	184
4.C.3.	Actors and Process of the Common Commercial Policy	193
4.C.3.a.	Introduction	193
4.C.3.b.	The Commission	194
4.C.3.c.	The Council and its Committees	201
4.C.3.d.	The European Parliament	208
5	The Community's Unfair Trade Instruments as a Reflection of its Domestic Sphere	213
5.A.	Constructed Normal Value, the Audio Tapes in Cassettes Panel and its Aftershock in the Community	213
5.A.1.	Introduction	213
5.A.2.	The Community's Constructed Normal Value Methodology	214
5.A.3.	Asymmetry, the Audio Tapes in Cassettes Panel and its Aftershock	220
5.A.3.a.	The Background	220
5.A.3.b.	The Community's Asymmetry Methodology	223
5.A.3.c.	The Audio Tapes in Cassettes Panel	229
5.A.3.d.	The Implementation of the Panel Report in the Community	231
5.A.4.	Some Remarks	233
5.B.	The Community's Trade Barriers Regulation: An Example of the Common Commercial Policy	234
5.B.1.	Introduction	234
5.B.2.	The Intra-Community Bargaining	235
5.B.3.	The TBR's Strict Commitment to the Standard of International Trade Law	243
5.B.4.	The Procedure and Scope of the TBR	253
5.B.5.	Conclusions	260
6	Conclusions	263
	Bibliography	273
	Index	297

Editorial Reviews

His exposition of the workings of the US government, the inefficiency of the separation of powers doctrine in relation to implementation of international agreements, the plurality and extreme liberalisation of the US' domestic economy are well researched and very useful.This book is impressively and thoroughly argued and the author succeeds in convincing of his convictions regarding the problems of globalisation and a state's inability to deal with the same. ...this book and the arguments made are significant and a worthwhile addition to the literature.
Oanh Tran
International Trade Business Law Annual
February 2003” —International Trade Business Law Annual

From the Publisher

The author, a lawyer in Brussels and lecturer at the College of Europe in Natolin, places international trade law within an economic, political, and sociological context, focusing on the US and the European Union. Contending that, despite globalization, societies organize themselves differently and have diverse expectations of their governments and market actors, he explores how these differences affect the trading partners' policies in an age when nearly everything can be considered a matter of commerce. He also examines how domestic structures affect trade policy when the external world has a strong impact on the domestic sphere. Distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

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