CHAPTER EIGHT - International Trade Law Chapter 8 CHAPTER...

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International Trade Law Chapter 8 CHAPTER EIGHT NATIONAL LAWMAKING POWERS AND THE REGULATION OF U.S. TRADE I. Separation of Powers A. Executive v. Congress (ongoing battle over authority) 1. Congressional Powers derived from Article I §8 (Commerce, form Gibbons v. Ogden) a. All business transaction b. Reasonable relationship between business and the regulated activity c. Congress can regulate foreign commerce, interstate, and intrastate (but only if it d. Responsible for collection of taxes e. Advice and consent on treaties (Senate) 2. Executive (Presidential) Powers derived from Article 2 a. Sign treaties b. Executive agreements c. Appoint ambassadors d. Commander in chief of Armed Forces (national security) e. US v. Curtiss-Wright Corp (1936), where the president and Congress argues over foreign affairs. President as chief foreign affairs representative II. Treaty Powers (bilateral and multilateral) A. Article 6 Supremacy Clause 1. Constitution 2. Statutes 3. Treaties (US citizen has no treaty rights) a. Self-executing - immediately part of domestic law. An example is the FCNs (Friendship, Commerce, & Navigation that is bilateral) that grant reciprocal rights to US citizens and foreign nationals i. Allow foreign branch offices J. Duong 1
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International Trade Law Chapter 8 iii. Non-discrimination (equal treatment) iv. Foreign nationals to own real property v. Just compensation in the event of a taking b. Non-Self Executing - not immediately part of domestic law, instead there must be an implementary statute is required. This is a US creation B. ICJ (World Court) resolves disputes in treaties 1. States can walk away from treaty, require one year 2. Treaty signed in 2007 a. Congress ratified in 2008 b. Congress subsequently adopts Statute in 2009 but there’s a conflict with the treaty 3. Equal-Dignity Rule - “last in time” governs, where treaty or statute governs depending on who ratified last if there’s a conflict III. Executive Agreements A. Executive Agreement - an IA between two or more states that doesn’t require the president to resort to the treaty making power (avoid 2/3 vote)
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CHAPTER EIGHT - International Trade Law Chapter 8 CHAPTER...

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