International Trade
International Trade
International Trade
Basic principles are needed for international trade and investment agreements
that are consistent with the common good, public health, and human rights.
These principles should reflect the importance of reducing inequalities, along
with social and environmental sustainability. Economic growth should be
recognised as a means to common good objectives, rather than an end in itself.
Our favoured approach is both radical and comprehensive: we describe what
this approach would include and outline the strategies for its implementation,
the processes and capacity building necessary for its achievement, and related
governance and corporate issues.
The comprehensive approach includes significant changes to current models
for trade and investment agreements, in particular (i) health, social and
environmental objectives would be recognised as legitimate in their own right
and implemented accordingly; (ii) changes to dispute-resolution processes,
both state-to-state and investor-state; (iii) greater deference to international
legal frameworks for health, environmental protection, and human rights; (iv)
greater coherence across the international law framework; (v) limitations on
investor privileges, and (vi) enforceable corporate responsibilities for
contributing to health, environmental, human rights and other common good
objectives. We also identify some limited changes that could be considered as
an alternative to the proposed comprehensive approach.
Future research is needed to develop a range of model treaties, and on the
means by which such treaties and reforms might be achieved. Such research
would focus also on complementary institutional reforms relevant to the
United Nations and other international agencies. Advocacy by a range of
communities is needed for effective change. Reform will require informed
debate, determined engagement with decision-makers and stakeholders, and
some agreement across health, social and environmental sectors on
alternatives.
Conclusions
Current frameworks of international law that govern trade and economic
development need radical change, in relation to treaty processes, content, and
contexts, to better attain public health objectives.
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Generally, international trade law includes the rules and customs governing
trade between countries. International trade lawyers may focus on applying
domestic laws to international trade, and applying treaty-based international
law governing trade.
Two main areas of international trade on the domestic side include trade
remedy work and export controls/sanctions. Trade remedies are tools used by
the government to take corrective action against imports that are causing
material injury to a domestic industry because of unfair foreign pricing and/or
foreign government subsidies. An example of a trade remedy includes
antidumping duties set forth by the International Trade Commission (“ITC”)
in response to dumping;this occurs when a foreign company sells a product in
the U.S. that is below the price it sells for in its ‘home market’ and thus causes
harm to the U.S. industry.
Export control laws govern the exportation of sensitive equipment, software,
and technology for reasons related to foreign policy objectives and national
security. Three U.S. government agencies have the authority to issue export
licenses, including: Department of State; Department of Commerce; and
Department of Treasury. Violations of export control laws can carry both civil
and criminal penalties.
On the international treaty front, companies may need advice on the rules of
the World Trade Organization (“WTO”), which is a formal international
organization that regulates trade. Other relevant treaties include the North
American Free Trade Agreement (“NAFTA”) and bilateral investment treaties.
Some firm practices focus on only one aspect of the law (such as
antidumping), whereas others are very broad practice groups that touch all
areas of international trade. The predicted growth area for the future is the
laws surrounding data and privacy information flow, since what is permissible
differs greatly by country.
WHAT DO INTERNATIONAL TRADE LAWYERS DO?
International trade lawyers may advise both U.S. companies doing business
abroad and foreign businesses operating in the U.S. Companies hire
international trade attorneys to counsel them on the relevant international
trade rules, advise them on compliance with such rules, as well as to conduct
internal investigations, prepare voluntary disclosures, and/or represent them
in enforcement actions related to the violation of such rules.
On the domestic side, international trade attorneys may represent their clients
before the ITC or the Department of Commerce (“DOC”) regarding disputes
related to import laws and remedies (e.g., antidumping actions). If the ITC,
DOC, or U.S. Customs and Border Protection make a determination that a
client disagrees with, the attorney may represent the client in a protest at the
Court of International Trade. Lawyers will also assist clients with customs
classification, valuation, and rules of origin matters. International trade
attorneys will also help their clients secure the proper license from the DOC or
Department of State to export goods. The lawyers may assist companies
looking to acquire a U.S. target that is under review by the Committee on
Foreign Investment in the United States (“CFIUS”), a committee that reviews
the national security implications of investment in U.S. assets.
Trade lawyers on the international side handle a lot of disputes, for which the
WTO is the primary arbitrator. Only sovereign states can bring disputes to the
WTO, and the United States does not hire outside counsel to represent them
in these matters, so international trade attorneys often represent other
countries. Attorneys may also become involved in lobbying efforts on behalf of
their clients to influence international rules.
WHAT TO DO IF YOU’RE INTERESTED IN PURSUING A CAREER
IN INTERNATIONAL TRADE LAW
Language skills can be a real asset, especially for investigations work and
international trade disputes. Many government agencies will break down by
region, including the Department of Commerce. Other useful skills include
writing, applying complex statutes, negotiation, and an understanding of
banking/finance. For trade remedy work, there are a lot of numbers involved,
so a background in economics can be helpful.
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What are the regulation of international trade?
The Regulation of International Trade is a tour de force that comprehensively
analyzes the complete range of WTO treaty rules and case law on an
agreement-by-agreement basis, bringing to bear insightful and thorough legal
and economic analysis.
This trade may result in a wider variety of products and services available to
domestic clients. It permits development and growth while eliminating the
risks associated with internal R&D. There are certain disadvantages to trading.
Instead of importing products and services, a country can profit by exporting
them.
For example, the International Criminal Court investigates and hears cases of
people accused of war crimes or crimes against humanity. This court applies
“international criminal law.” The rules of international law are found in
treaties, conventions, declarations, agreements, customs and other sources.