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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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