U.S. courts and international trade policy
- This dissertation examines how and to what extent the United States Court of International Trade and the United States Court of Appeals of the Federal Circuit give weight to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization Agreement (WTO) when reviewing agency implementations of U.S. trade remedy laws. The analysis in this dissertation shows that domestic courts in the United States have, over time, decreased their reliance on GATT/WTO law in spite of the more legalized and more powerful dispute settlement system after the Uruguay Round Agreement (1994). I argue that the function of an institution is not enough to understand how a court decides a case and whether or not a court chooses to endorse international agreements to which the United States has committed. A better predictor for the tendency of an institution to promote compliance with international agreements or laws is the origins of the institution--in particular, how it derived its authority to adjudicate particular issues. Because Congress conferred the authority to adjudicate international trade disputes to the Court of International Trade (CIT), that court's treatment of GATT/WTO law reflected Congress's attitude on the matter of compliance with GATT/WTO law. Congress had an interest in enforcing U.S. trade remedy laws against foreign firms, and the CIT inherited such an attitude. This led to the CIT giving less weight to GATT/WTO law when adjudicating disputes with regards to the enforcement of U.S. trade remedy laws. Ultimately, I argue that U.S. courts are unlikely to be the source of compliance with the United States' obligation under the GATT and WTO agreements.
|Type of resource
|electronic; electronic resource; remote
|1 online resource.
|Lee, Helen Hyonkyong, Ms
|Stanford University, Department of Political Science.
|Weingast, Barry R
|Weingast, Barry R
|Statement of responsibility
|Helen Hyonkyong Lee.
|Submitted to the Department of Political Science.
|Ph.D. Stanford University 2013
- © 2013 by Helen Hyonkyong Lee
- This work is licensed under a Creative Commons Attribution Non Commercial 3.0 Unported license (CC BY-NC).
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