Tuesday, September 6, 2011

Trade Law Review

"Open trade is not just an economic opportunity; it is a moral imperative"
 - George W. Bush (2001)
Has open trade enhanced global security? Robert Zoellick makes some interesting points in his case for open trade, see here. 

The history of US trade agreements traces back to the Smoot-Hawley Tarriff Act of 1930, but was impacted in 1934 by the Reciprocal Trade Agreements Act, signed by President Roosevelt. This gave the president authority to lower tariffs with the incentive for reciprocity. These tariff concessions were also adjusted later by the Trade Reform Act of 1974 by Nixon, and the Trade and Tariff Act, among many others...


The Bipartisan Trade Promotion Authority Act of 2002 (TPA or "Fast-track") which allows representatives of USTR to approve trade agreements.

Because the TPA negotiating objectives were considered to be lacking effectiveness, this led to the 2008 A New Trade Policy for America or "bipartisan agreement on trade policy - sometimes referred to as the May 10th agreement between the bush administration and congressional leaders to elevate labor requirements in trade agreements. It provides that trading partners "adopt and maintain in their laws and practices" these practices:

  • freedom of association
  • effective recognition of the right to collective bargaining
  • the elimination of all forms of forced or compulsory labor
  • effective abolition of child labor and a prohibition on the worst forms of child labor; and 
  • the elimination of discrimination in respect of employment and occupation. 

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