General Agreement on Tariffs and Trade Part 3 in the United States

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The Asbestos Case at the World Trade Organization: The Treatment of Public Health Regulations under the General Agreement of Tariffs and Trade 1994 and the Agreement on Technical Barriers to Trade
Irene McConnell
Tulsa Journal of Comparative & International Law
Volume 10, Number 1, Fall 2002    p.153 LAW JOURNAL / LAW REVIEW

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WTO CASE REVIEW
Raj Bhala and David A. Gantz
Arizona Journal of International and Comparative Law
Volume 19, Number 2, Summer 2002    p.457 LAW JOURNAL / LAW REVIEW
This is the second in an annual series of articles reviewing the “reports” (decisions) of the Appellate Body, the highest judicial entity of the World Trade Organization, in this instance covering the reports adopted by the WTO’s Dispute Settlement Body during 2001. Since its inception in 1995, the Appellate Body has issued more than forty reports, currently at a rate of eight or nine a year. These reports, applying and interpreting various provisions of the General Agreement on Tariffs and Trade and the other WTO agreements, are perhaps the most significant single source of WTO jurisprudence. It is the authors’ intention to provide a comprehensive, critical summary of each of the reports as a useful and reliable record of WTO case law.

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GATT AND THE FAIR WAGE: A HISTORICAL PERSPECTIVE ON THE LABOR-TRADE LINK
Elissa Alben
Columbia Law Review
Volume 101, Number 6, October 2001    p.1410 LAW JOURNAL / LAW REVIEW
This Note analyzes from a historical perspective the debates on linking labor standards to the trade rules of the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT). Labor standards advocates have increasingly embraced a human rights based definition of labor standards. However, a review of the negotiating history from the GATT’s early years and labor discussions during Japan’s accession to the GATT in 1953 reveals that a quite different, wage based, view of labor standards was adopted by participants in the early GATT negotiations. This Note argues that such differences in the definitional understanding of labor standards may limit the value of the current WTO text as a tool to promote labor standards as human rights.

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WTO CASE REVIEW
Raj Bhala and David Gantz
Arizona Journal of International and Comparative Law
Volume 18, Number 1, Spring 2001    p.1 LAW JOURNAL / LAW REVIEW
In the six and a half years since the World Trade Organization was created, the WTO’s Appellate Body has become perhaps the most effective, and certainly the most prolific, international adjudicatory body. It has issued numerous “reports” (decisions) applying and interpreting various provisions of the general Agreement on Tariffs and Trade 1994 and other WTO agreements. While the Appellate Body’s jurisprudence is highly significant, insofar as the authors are aware, no comprehensive, critical, summaries of the reports are currently being made available. This Article seeks to begin a process of satisfying the need for such analysis by reviewing the eight Appellate Body Disputes during the year 2000. Hopefully, such reviews will appear on an annual basis in the Journal, to provide over time a useful and reliable record of the jurisprudence of the Appellate Body.

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THE WORLD TRADE ORGANIZATION AND ITS INTERPRETATION OF THE ARTICLE XX EXCEPTIONS TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE, IN LIGHT OF RECENT DEVELOPMENTS
Brandon L. Bowen
Georgia Journal of International and Comparative Law
Volume 29, Number 1, Fall 2000    p.181 LAW JOURNAL / LAW REVIEW

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FREE TRADE AND PROTECTIONISM: THE SEMIOTICS OF SEATTLE
Susan Tiefenbrun
Arizona Journal of International and Comparative Law
Volume 17, Number 2, Spring 2000    p.257 LAW JOURNAL / LAW REVIEW
This article reveals the hidden agendas in the Battle of Seattle and the Debacle of Davos. The underlying causes of the conflict are nothing more and nothing less than re-enactments of the proverbial battle of the ancients and the moderns or the free traders and the protectionists. This article offers a modest proposal for a resolution of the dispute by reconciling the justifiable concerns of the protestors with the purposes and procedures of the World Trade Organization (WTO). The article traces the history and development of the WTO from its predecessors, the International Trade Organization and the General Agreement on Tariffs and Trade, and provides a brief overview of the structure, purposes, and agreements of the WTO. The article presents arguments for and against free trade and protectionism and examines stated reasons why the protestors seek to dismantle the WTO, which is the primary instrument of free trade. The article focuses attention on myths about the WTO and distinguishes between the myths and realities. The article proposes a resolution of the dispute between free traders and protectionists in order to make better use of the important implementation mechanisms of the WTO. Finally, this article attempts to reconcile the justifiable claims of the protestors with the laudatory aims of the WTO in an attempt to work effectively within the system of free trade made possible by the WTO.

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WTO Scrutiny v. Environmental Objectives: Assessment of the International Dolphin Conservation Program Act
Carol J. Miller and Jennifer L. Croston
American Business Law Journal
Volume 37, Issue 1, 1999    p.73 LAW JOURNAL / LAW REVIEW
Because the General Agreement on Tariffs and Trade (GATT) principles emphasize minimization of trade barriers, environmental trade measures have not faired well under the scrutiny of GATT/WTO panels. For example, GATT panels have refused to permit United States embargoes to protect dolphins from purse seine and driftnet fishing methods. The United States is, therefore, relying on dolphin-free labeling instead, hoping that this less restrictive measure may withstand WTO challenges. Environmentalists claim, however, that dolphin lives are unjustifiably sacrificed because of the new watered-down definition of “dolphin-safe” tuna. Furthermore, the GATT/WTO standards and decision-making process need to be altered to permit greater acceptance of a variety of environmental trade measures, especially those implemented as a result of recognized multilateral environmental agreements.