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“The United States Constitution and Regulation of International Economic Affairs” Seminar for MINISTRY OF JUSTICE by Alexander Koff U.S.-Vietnam Forum The Educational Affiliate of the U.S.-Vietnam Trade Council Sponsored by U.S. Agency for International Development 21-22 August 2000.
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“The United States Constitution and Regulation of International Economic Affairs” Seminar for MINISTRY OF JUSTICE by Alexander Koff U.S.-Vietnam Forum The Educational Affiliate of the U.S.-Vietnam Trade Council Sponsored by U.S. Agency for International Development 21-22 August 2000
Presentation Outline • The U.S. Constitution and International Economic Relations • Separation of Powers • The U.S. Constitution and the Federal System • The Supremacy Clause: Federal-State Relations • Scope of Powers: The Three Branches of Government • U.S. International Agreements • 5 Types of International Agreements • Recognition of International Agreements
The U.S. Constitution and International Economic Relations Separation of Powers Introduction to the Three Branches of Government • The U.S. Constitution and the Federal System • The Judicial Branch: the Courts (Art. III, Sec. 2) • The Executive Branch: the President (Art. II, Sec. 1 - 3) • The Legislative Branch: the Congress (Art. I, Sec. 8 and 10) • Supremacy Clause: Treatises and Federal Law Trump State Law (Art. VI) • Federal Action that Clashes with State Rules • Bethlehem Steel Corp. v. Board of Commrs. (1969) • Massachusetts-Burma Law (2000)
The U.S. Constitution and International Economic Relations Scope of Powers • The Judicial Branch: Judicial Review • Political Questions • Chicago & Southern Airlines (1948) • Haig v. Agee (1981) • United States v. Alvarez-Machain (1992) • Economic Sphere • The Relevant Players: Customs, the DOC, the ITC, the CIT, and the CAFC • Customs Classifications • Antidumping and Countervailing Duties • Escape Clause: Maple Leaf Fish v. United States (1985) • Administrative Action • Chevron v. Natural Resources Defense Council (1984)
The U.S. Constitution and International Economic Relations Scope of Powers • The Executive Branch • Cases • United States v. Curtiss-Wright Export Corp (1936) • Youngstown Sheet & Tube Co. v. Sawyer (1953) • Dames & Moore v. Regan (1981) • United States v. Guy Capps, Inc. (1953) • Consumers Union of the United States v. Kissinger (1974) • Justice Jackson Concurring Opinion in Youngstown Sheet & Tube • Express or Implied Authorization of Congress • Concurrent Authority (Zone of Twilight) • Constitutional Powers of the Executive Branch
The U.S. Constitution and International Economic Relations Scope of Powers • The Legislative Branch • Constitutional Authority and Delegation of Power • Amalgamated Meat Cutters (1971) • “intelligible principle to which the official or agency must conform” • Authorization of Presidential Action • Limitation on Congressional Supervision • INS v. Chadha (1983) • International Economic Agreements • Fast Track Procedure (Negotiating Credibility for Executive Branch) • Trade Legislation: Navigating Congress • House of Representatives: Ways and Means Committee • Senate: Finance Committee
The U.S. Constitution and International Economic Relations U.S. International Agreements • 5 Types of International Agreements • Presidential Power to Enter Into International Agreements • Treaties requiring advice and consent of two-thirds of the Senate • Congressional Executive Agreements previously authorized • Congressional Executive Agreements subsequently authorized • Presidential Executive Agreements (“inherent” presidential agreements) • Treaty Executive Agreements
The U.S. Constitution and International Economic Relations U.S. International Agreements • Recognition of International Agreements • International Law • U.S. Law • Validity of Agreement: United States v. Belmont (1937) • Domestic Legal Effect: Implementation Legislation or Self-Executing • Hierarchy of Norms: Latest in Time Prevails • Possible to be Inconsistent with International Obligations • WTO Dispute Settlement • The Reformulated Gasoline Case (1996)