3 Nw. J. Int'l L. & Bus. 1 (1981)
The New Protectionism

handle is hein.journals/nwjilb3 and id is 7 raw text is: Northwestern Journal                                                Spring 1
of International                                                        Number 1
Law & Business
The New Protectionism
Carl . Green*
THE NEW PROTECTIONISM
One of the crucial challenges of the Eighties is to maintain an open
and expanding international trade system. Despite the successful com-
pletion of the Tokyo Round of Multilateral Trade Negotiations in
1979,' the liberal principles of the General Agreement on Tariffs and
* Partner, Wender, Murase & White, Washington, D.C.; Senior Research Fellow, Center for
International Affairs, Harvard University; Senior Fellow, International Law Institute, Ge-
orgetown University;, former Representative of the Ford Foundation in East Asia; Member, Dis-
trict of Columbia and New York Bars; A.B. (magna cum laude) 1961, Harvard College; J.D.,
1965, Yale University.
I The Tokyo Round of Multilateral Trade Negotiations was the seventh round of trade nego-
tiations held since 1948 under the auspices of the General Agreement on Tariffs and Trade
(GATT. General Agreement on Tariffs and Trade, signed Oct. 30, 1947, entered intoforce Jan. 1,
1948,61 Stat. A 3, T.LA.S. No. 1700,55 U.N.T.S. 194. It was instituted officially upon the signing
of the Tokyo Declaration by ministers of more than 100 countries in September 1973. The negoti-
ations, which were much slower than expected, were formally completed on April 12, 1979, when
ministers from the developed countries and some developing countries initialed the results. See S.
REP. No. 249,96th Cong., 1st Sess. 1 (1979), reprlntedin [1979] 6A U.S. CODE CONG. & AD. NEws
8 [hereinafter cited as S. Rm,.].
In American legal doctrine, the multilateral trade agreements (MTAs) reached in the Tokyo
Round are non-self-executing and thus do not have independent effect under U.S. law. See H.R.
REP. No. 317, 96th Cong., 1st Sess. 41 (1979) [hereinafter cited as H.R. REP.]. For a discussion of
non-self-executing international agreements see generally RESTATEMENT (SECOND) OF THE FOR-
EIGN RELATIONS LAW OF THE UNrrED STATES §§ 141-45 (1962). The substance of the MTAs was
incorporated into the laws of the United States through the instrumentality of the Trade Agree-
ments Act of 1979, Pub. L. No. 96-39, 93 Stat. 144 (1979) (codified at 19 U.S.C. § 2501 et seq.

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