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Footwear Distributors and Retailers of America v. United States
Published online by Cambridge University Press: 01 January 2021
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
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- © Cambridge University Press 1997