ID: |
TARP-182 |
Title: |
THE BEGINNING OF THE RULE OF LAW IN THE INTERNATIONAL TRADE SYSTEM DESPIT U.S. CONSTITUTIONAL CONSTRAINTS |
Source: |
17 Mich. J. Int’l L. 967 |
Parties: |
|
Dispute Resolution Organ: |
|
Year: |
1996 |
Pages: |
0 |
Author(s): |
Yong K. Kim |
Keywords: |
constitution, dispute resolution, enforcement, international trade, NAFTA, rule of law, sovereignty, trade, transparency, US, judicial authority, CUSTA, federalism, harmonization |
Abstract: |
The paper studies the emergence of the rule of law in U.S. international trade policy despite the U.S. constitution, which has often conflicted with the Rule of Law developments. The increasing economic integration of the world favours the rule of law over the “power-oriented framework” which is an alternative to the rule based trading system. In the power-oriented system, nations with comparatively greater power or economic clout determine the operational guidelines of trade, which the lesser countries must accept or be left out of the system. The Rule of Law system with its dispute resolution systems requires nations to relinquish some of their judicial authority in the field of international trade. (CUSTA has a binding binational panel review system, WTO dispute settlement process). The emergence of the rule of law policy has left serious constitutional issues left unresolved in the rush for internationalization. |
Secured: |
False |
Download Article: |
Available here |
Keywords: constitution, CUSTA, dispute resolution, enforcement, federalism, harmonization, international trade, judicial authority, NAFTA, rule of law, sovereignty, trade, transparency, United States/USA