Monday, June 2, 2014
Petroleum Case case brief
Petroleum Case (Violation Case)
i) Holding - What counts for nullification and impairment is that the competitive relationships between the countries are changed, and trade volume does not matter.
ii) US violates Article 3…Article 3 is national treatments (can’t treat domestic products better than imported products.
iii) Facts →US charged a higher tax on foreign crude oil than US crude oil, and this discriminated against foreign imports in favor of domestic production.
iv) US says yes there was a breach but no harm so no nullification and impairment.
v) GATT Panel disagrees…this is not about trade flows…instead about trade balance. Expectations regarding competitive relationships
(1) Art. III:2 – cannot be interpreted to protect expectations on export volumes; rather, it protects expectations on the competitive relationship between imported and domestic products.
vi) RULE → A Change in the competitive relationship contrary to that provision must subsequently be regarded ipso facto as nullification or impairment of benefits accruing under GATT.
(1) Why? → Looking for a fair fight; impact on relationship key
Earning a Juris Doctor (JD) degree is a significant accomplishment, opening a wide array of career paths beyond the traditional legal practi...
Class 1: Elements of Fundamental Value: Present Value, Future Value, Net Present Value: Elements of Fundamental Value (38) One year : ...
I can help you land in the top 10% of your law school class. Imagine, how your life would be different if you were in the top 10% o...
Corthell v. Summit Thread Company (1933) · Facts: Corthell is a salesman for Summit. He invents contraption that is bought b...