The Post-Uruguay Round Future of Section 301
![handle is hein.journals/geojintl25 and id is 1309 raw text is: THE POST-URUGUAY ROUND FUTURE OF
SECTION 301
JUDITH H. BELLO*
ALAN F. HOLMER*
I. INTRODUCTION
For the United States, the conclusion of new GATT' trade agree-
ments in December 1993 is only the first, albeit major, step toward their
implementation here. While the Constitution empowers the President
to conduct the foreign affairs of the United States and thus to speak with
one voice for the country at the negotiating table,2 it also authorizes
Congress to regulate trade with foreign nations.3 To bring U.S. law into
conformity with the new obligations of the United States, the President
must submit a bill to implement the new GATT agreements. The bill
will be considered under fast track procedures, which preclude amend-
ments and ensure action by the House of Representatives and Senate on
a fixed timetable.4
Since the conclusion of negotiations in Geneva, Congressional debate
on the implementing bill likely will not be as divisive and controversial as
the recent debate on the bill to implement the North American Free
Trade Agreement.5 Passage currently is considered likely,6 and the
only question is the content of the bill.
Even if the bill is assured of passage, Congressional debate will be
lively on several issues, particularly on the effect of new dispute settle-
* Partners of Sidley & Austin, Washington, D.C., the authors formerly served as General
Counsel to the U.S. Trade Representative and Deputy U.S. Trade Representative, respectively, and
administered U.S. antidumping and countervailing duty laws at the Department of Commerce.
This article was proposed in early 1994 based on a speech given at Georgetown University Law
Center inJanuary, 1994.
1. General Agreement on Tariffs and Trade, openedfor signature, Oct. 30, 1947, 61 Stat. pts. 5-6,
55 U.N.T.S. 1987 [hereinafter GATT]. Under the new trade agreements, the organization in
Geneva will be called the World Trade Organization (WTO). GATT Trade Negotiations Comm.,
Final Act Embodying The Results of Multilateral Trade Negotiations [hereinafter GAT Uruguay
Round], MTN/FA (December 15, 1993) (restricted).
2. U.S. CONST. art. II, § 2, cl. 2.
3. U.S. CONST. art. I, § 8, cl. 3.
4. Trade Act of 1974, §§ 151-54, 19 U.S.C. §§ 2191-94 (1988 & Supp. 1993).
5. North American Free Trade Agreement Implementation Act, Pub. L. No. 103-182, 107 Stat.
2057 (1993).
6. See House Subcommittee Approves Proposals From Administration on GA TT Legislation, [1994] Daily
Rep. for Executives (BNA) No. 93, at A-93 (May 17, 1994) [hereinafter House Subcommittee Approves].
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The Post-Uruguay Round Future of Section 301
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