Abstract
This LL.M. thesis provides a comprehensive comparative analysis of the retaliatory trade law instruments of the United States and the European Union and evaluates their compatibility with the General Agreement on Tariffs and Trade (GATT). The work traces the legislative history of Section 301 of the Trade Act of 1974 and Council Regulation 2641/84, analyzes the procedural and substantive provisions of each regime, including the initiation of investigations, availability of mandatory versus discretionary action, the scope of retaliatory power, and availability of judicial review, and then compares the instruments' provisions against one another. The analysis includes an exploration of the legal definitions of "unjustifiable," "unreasonable," and "illicit commercial practices," and judicial review under the political question doctrine and E.C.J. jurisprudence and examines notable cases such as the Japan Semiconductor dispute and the Akzo v. DuPont aramid fibre litigation. The thesis ultimately concludes that Section 301 is a more efficient and successful instrument than its European counterpart.
Repository Citation
Leirer, Wolfgang W., "Retaliatory Action in United States and European Union Trade Law and It's Compatibility with GATT" (1994). LLM Theses and Essays. 350.
https://digitalcommons.law.uga.edu/stu_llm/350
Included in
Comparative and Foreign Law Commons, European Law Commons, International Trade Law Commons