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Footwear Distributors and Retailers of America v. United States

United Kingdom, England.  10 May 1994 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Economics, trade and finance — General Agreement on Tariffs and Trade — Countervailing duty — Subsidies Code 1979 introducing requirement of prior material injury determination and entitling States to request determination in respect of existing countervailing duty orders — United States requested to make material injury determination by Brazil — Revocation by United States of countervailing duty order following negative material injury determination — Whether duty collected to be refunded from date of request by Brazil or effective date of Subsidies Code

Economics, trade and finance — General Agreement on Tariffs and Trade — Whether decisions of GATT Panels binding on Contracting States — Whether can be enforced in domestic courts — GATT Panel decision that State behaved inconsistently with obligations under Subsidies Code in imposing countervailing duty — Whether domestic proceedings instituted by importers affected by countervailing duty can enforce decision of GATT Panel

Relationship of international law and municipal law — Treaties — Effect in domestic law — General Agreement on Tariffs and Trade — GATT Panel decisions — Whether binding on Contracting States — Whether enforceable in United States courts — Justiciability — Foreign relations — Whether domestic court can adjudicate on United States Government's compliance with obligations under GATT — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1997

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