Law & Justice
Trade & Commercial Law Archive
CONSUMER PROTECTION IN THE STATES: A 50-STATE REPORT ON UNFAIR AND
DECEPTIVE ACTS AND PRACTICES STATUTE. National Consumer Law Center,
Inc. February 2009.
Full Text [PDF format, 32 pages]
Serious gaps and weaknesses have compromised consumer protection laws
in most of the 50 states, and recent court rulings have opened the door
to predators and abuses in billions of everyday transactions. The
report analyzes and summarizes the unfair and deceptive acts and
practices (UDAP) laws that protect consumers in each state and the
District of Columbia, and spotlights limitations in the substance and
scope of the laws and in their enforcement.
[Note: contains copyrighted material]
TRADING NATURE.
World Wildlife Fund. Dilys Roe. May 2008.
Full Text [pdf format, 100 pages]
The report finds that well-managed, legal and sustainable trade can have a significant impact on all eight of the Millennium Development Goals, the globally agreed roadmap which targets development assistance and poverty reduction. The wildlife products covered in the report include medicines, food, clothing, ornaments, furnishings, pets, ornamental plants, zoological and botanical display, research, manufacturing and construction materials. However, many of the benefits are threatened when illegal trade is allowed to flourish.
[Note: contains copyrighted material]
THE U.S. ESCALATES ITS WTO COMPLAINT AGAINST CHINA. John Hillery. Commentary, Center for Strategic and International Studies (CSIS). Web posted August 31, 2007.
Full Text [pdf format, 2 pages]
After two years and four months, the U.S. Trade Representative requested that the World Trade Organization (WTO) establish a dispute resolution panel for its case against China over intellectual property rights. The U.S. charged China with violating its obligation under TRIPS [Trade-Related Aspects of Intellectual Property Rights], an agreement negotiated under the Uruguay Round in 1994.
SPECIAL 301 REPORT: 2007.
Office of the U.S. Trade Representative. Web posted April 30, 2007.
Full Text [pdf format, 52 pages]
This report is an annual review of international property rights (IPR) protection and enforcement throughout the world. It examines IPR in 79 countries, and it designates 43 countries under a Priority Watch List, Watch List, and/or Section 306 Monitoring. This report also shows that progress in IPR protection and enforcement has been made in many countries, although China and Russia continue to have severe problems with counterfeiting and piracy enforcement. “This report reflects the Administration’s resolve to encourage and maintain effective IPR protection and enforcement worldwide.”
ANTITRUST ENFORCEMENT AND INTELLECTUAL PROPERTY RIGHTS: PROMOTING INNOVATION AND COMPETITION.
U.S. Department of Justice and U.S. Federal Trade Commission. Web posted April 22, 2007.
Full Text [pdf format, 217 pages]
Intellectual property laws create and enforce “property rights for creators of new and useful products, more efficient processes, and original works of expression.” Antitrust laws “ensure that new proprietary technologies, products, and services are bought, sold, traded, and licensed in a competitive environment.” U.S. courts recognize that intellectual property laws and antitrust laws share the goals of consumer welfare and promotion of innovation. This report discusses how these principles and goals are applied in the U.S.
REPORT ON THE REGULATORY FLEXIBILITY ACT FY 2006: ANNUAL REPORT OF THE CHIEF COUNSEL FOR ADVOCACY ON IMPLEMENTATION OF THE REGULATORY FLEXIBILITY ACT AND EXECUTIVE ORDER 13272.
Thomas M. Sullivan, Chief Counsel for Advocacy. Office of Advocacy, U.S. Small Business Administration. February 2007.
Full Text [pdf format, 77 pages]
The Regulatory Flexibility Act (RFA) requires federal agencies “to review the potential impact of proposed regulations on small businesses and other small entities and to examine significant alternatives that minimize small entity impacts while still meeting the purpose of the regulation.” This annual report from the Small Business Administration measures the success of RFA during 2006.
THE NET NEUTRALITY DEBATE: TWENTY FIVE YEARS AFTER UNITED STATES V. AT&T AND 120 YEARS AFTER THE ACT TO REGULATE COMMERCE.
Bruce M. Owen. Working Paper, AEI-Brookings Joint Center for Regulatory Studies, American Enterprise Institution and The Brookings Institution. February 2007.
Full Text [pdf format, 12 pages]
“Net neutrality is a slogan that stands for the proposition that the Internet and physical means of access to it should be available to all on uniform, non-discriminatory terms.” Proponents of net neutrality fear that access will be monopolized and that once successfully monopolized, services will be excluded to some. This paper presents an overview of agencies’ policies that regulate prices and economic interests and provides a historical view of monopoly power and anticompetitive behavior.
WTO DISPUTE SETTLEMENT: ONE-PAGE CASE SUMMARIES: 1995-SEPTEMBER 2006.
Legal Affairs Division, World Trade Organization (WTO). Web posted January 28, 2007.
Full Text [pdf format, 160 pages]
This first edition of the World Trade Organization (WTO) case summaries was produced in response to a number of requests “for a simple, straightforward explanation of the key points emanating from the ever-growing body of WTO jurisprudence.” This report summarizes on a single page panel core facts and findings on significant procedural matters. An index arranged by articles and WTO agreements is provided.
TRADE PROMOTION AUTHORITY DELIVERS JOBS, GROWTH PROSPERITY AND SECURITY AT HOME.
Office of the United States Trade Representative. January 31, 2007.
Full Text [html, 2 printed pages]
The U.S. continues to open markets through free trade agreements in Latin America, Asia, the Middle East and Africa. Over the past six years, ten countries have signed free trade agreements with the U.S. This fact sheet illustrates how these agreements have benefited Americans and FTA partners by (1) creating jobs; (2) growing the economies; and (3) building international partnerships for security.
THE WTO, INTELLECTUAL PROPERTY RIGHTS, AND THE ACCESS TO MEDICINES CONTROVERSY.
Congressional Research Service, Library of Congress. Updated December 12, 2006.
Full Text [pdf format, 11 pages]
“In August 2003, the World Trade Organization (WTO) reached an agreement on the use of compulsory licenses by developing countries without manufacturing capacity to access life-sustaining medicines. This agreement was incorporated as an amendment to Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.” Developed countries view the TRIPS agreement essential to protect the pharmaceutical industry and to help the industry recoup costs of new medicines. The U.S. has been forceful in defending pharmaceuticals but agreed to support the 2005 TRIPS amendment. The 109th Congress introduced legislation to grant compulsory licenses, but the legislation did not pass. It is expected to be reintroduced in the 110th Congress.
AA05344
ANTI-DUMPING: THE THIRD RAIL OF TRADE POLICY. Mankiw, N. Gregory; Swagel, Phillip L. Foreign Affairs, vol. 84, no. 4, July-August 2005, pp. 107-119.
Full text available from your nearest American Library
The authors note that few politicians are willing to address the negative impact that U.S. antidumping law has on both competitors and consumers. They add that antidumping tariffs also restrict trade and allow domestic firms to block competition from abroad. U.S. exporters are further hampered by antidumping actions in the rest of the world. Antidumping policies have become a point of contention in international trade negotiations, and threaten to undermine the World Trade Organization (WTO) and the overall expansion of free trade. The authors argue that antidumping policy should be addressed at the Doha Development Agenda talks. They believe that outright repeal of antidumping laws would be the best policy for the U.S. -- but this is not feasible since the Trade Act of 2002, which granted trade promotion authority to the president, requires at least 180 days advance notice before signing a trade agreement that affects U.S. antidumping law or other trade remedies. The authors believe that a better solution might be through the increased use of temporary "safeguard tariffs" but these have received a hostile reaction from WTO.