Robert Hudec and domestic regulation: The resurrection of aim and effects

Journal of World Trade

Volumn 37, Issue 4, 2003, Pages 783-799

  Porges, Amelia ^a   Trachtman, Joel P ^b  

^a SIDLEY AUSTIN LLP   (United States)

^b TUFTS UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 65849258998     PISSN: 10116702     EISSN: None     Source Type: Journal    
DOI: 10.54648/trad2003038     Document Type: Article

References (67)

1. The paper was published in the conference volume, Jagdish Bhagwati and Hugh T. Patrick (eds), Aggressive Unilateralism: America's 301 Trade Policy and the World Trading System (Ann Arbor, MI: University of Michigan Press, 1990), 113,
2. and was reprinted in a collection of Professor Hudec's work, Essays on the Nature of International Trade Law (London: Cameron May, 1999), p. 153 ("Essays"). See the appendix to this article for a review of the collection.
3. Ibid., 126 and 168, respectively.
4. Ibid., 132 and 174, respectively.
5. Article XXXI.
6. Essays, as note 1 above, pp. 142 and 186, respectively.
7. Ibid., 151 and 195, respectively.
8. Ibid., 152 and 197, respectively.
9. Ibid.
10. "Broadening the Scope of Remedies in WTO Dispute Settlement", in Friedl Weiss (ed.), Improving WTO Dispute Settlement Procedures: Issues and Lessons from the Practice of Other International Courts and Tribunals (London: Cameron May, 2000), p. 369.
11. Ibid. 370.
12. Ibid. 375.
13. Ibid. 392.
14. He published far more in the international field, of course, but his realistic approach to contracts can be seen in his Restating the " Reliance Interest", 67 Cornell L. Rev. (1982), 704.
15. "Thinking About the New Section 301: Beyond Good and Evil", as note 1 above, pp. 131 and 173, respectively.
16. As note 12 above.
17. Oliver Wendell Holmes, The Common Law, Vol. 1 (Boston: Little Brown, 1881).
18. Southern Pacific Co. v. Jensen, 244 US 205 (1917) (Holmes, dissenting).
19. 32 Int'l Lawyer (1998), 619, reprinted in Essays, as note 1 above, at 359.
20. As note 9 above.
21. The Gatt Legal System and World Trade Diplomacy (Butterworth 1990) and Enforcing International Trade Law: The Evolution of the Modern GATT Legal System (Butterworth 1993).
22. 4 Journal of World Trade Law 615 (1970).
23. Japan - Taxes on Alcoholic Beverages, WT/DS8/R, WT/DS11/R (11 July 1996), AB-1996-2 (Adopted 1 November 1996);
24. EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/ R/USA, WT/DS48/R/Can, AB-1997-4 (Adopted 13 February 1998).
25. P. 228 in "Mirror, Mirror on the Wall: The Concept of Fairness in US Foreign Trade Policy."
26. P. 58.
27. Oliver Wendell Holmes, The Common Law 1 (Little Brown 1881).
28. P. 66.
29. The Bramble Bush 52 (emphasis omitted) (Oceana 1960).
30. P. 58.
31. The Common Law Tradition: Deciding Appeals 131 (Little, Brown 1960).
32. P. 118.
33. Ibid. A later version of the same point: "[O]n the tree of legal evolution, GATT's adjudication machinery is still down at the level studied by legal anthropologists, right alongside dispute resolution ceremonies practiced among primitive societies." "Public International Economic Law: The Academy Must Invest," 1 Minnesota Journal of Global Trade 5, 6 (1992).
34. P. 123 - and this also, for the collector of quotes: "It is the general practice of international organizations to call things by names other than what they really are. That practice is also followed in the GATT. The GATT's litigation procedure is called dispute settlement - a nice sort of non-adversarial, non-threatening, look-at-the-positive- side phrase for what most people would call a lawsuit." (P. 120).
35. P. 126.
36. P. 143.
37. P. 148.
38. P. 197.
39. Id.
40. P. 167.
41. P. 168.
42. P. 174.
43. P. 186.
44. P. 184.
45. P. 198.
46. P. 217.
47. P. 223. Problems resulting from the obvious WTO inconsistency of the measure were avoided when the Act was amended as part of the Uruguay Round Agreements Act, Pub. L. 103-465, Dec. 8, 1994, 108 Stat. 4809, §431(k), 108 Stat. 4969.
48. P. 229.
49. Id.
50. P. 242.
51. P. 278.
52. P. 283.
53. Id.
54. P. 288.
55. P. 319.
56. P. 325.
57. P. 324.
58. P. 351.
59. Id.
60. See, e.g., Daniel A. Farber and Robert E. Hudec, "Free Trade and the Regulatory State: A GATT's-Eye View of the Dormant Commerce Clause", 47 Vanderbilt Law Review 1401 (1994).
61. United States - Measures Affecting Alcoholic and Malt Beverages, BISD 39/S 208 (1993).
62. The Panel's legal finding does not necessarily suggest that most consumers would confuse Mississippi wine with that produced in, say, the Haut Medoc.
63. Japan - Taxes on Alcoholic Beverages, WT/DS8/R, WT/DS/19/R, WT/ DS11/R (11 July 1996), AB-1996-2 (Adopted 1 November 1996).
64. P. 375.
65. Id.
66. P. 376.
67. BISD 1/59 (1952).