interpretation of the standard of review of the
In the earlier years, the Court would speak of the purpose as the prevention of the harmful effects of statutes on interstate commerce itself, (336) while "[m]ore recently, the Court has struck down state laws sometimes based on its preference for national unity," (337) and at "other times on the basis of antiprotectionist
sentiment." (338) What those disparate justifications have in common, Justice Thomas argues, is "the erroneous assumption that the Court must choose between economic protectionism and the free market." (339) On the contrary, wrote Justice Thomas, that choice is Congress's and, lacking its pronouncement on a subject, "the States are free to set the balance between protectionism and the free market." (340)
counterweights [and] devices for diverting and
Even before he won the election, he sent a high-level team to meet with World Bank and IMF officials to assure them that he would continue the free-market, antiprotectionist
policies of his predecessors.
Soon after the signing of the TRIPS Agreement, one commentator stated that "[w]hether the elevation of the Berne criteria to a TRIPS standard will constrain domestic courts or merely allow their antiprotectionist
bias to infiltrate foreign law remains to be seen."(82) The answer to that question still remains to be seen.
(74) In his view, discrimination stemming from a preferential arrangement can mobilize and strengthen the political hand of export-oriented (and other antiprotectionist
) interests located in third parties, thereby generating domestic pressure in these states for agreements that expand their access to PTA members' markets.
trade policy for a standard Harris-Todaro economy apparently signifies the dominance of the migration-related distortion over the wage differential-based distortion, and that shows the importance of the unique migration phenomenon, which happens to be the novelty of the Harris-Todaro model.
This development has tended to provide antiprotectionist
voices to counter specific industry voices demanding protection.
(27.) For examples of antiprotectionist
and proremedial sentiments coexisting peacefully and without comment, see generally Mary Eastwood, The Double Standard of Justice: Women's Rights Under the Constitution, 5 VAL.
His conclusion is that optimally the home country should retaliate by erecting barriers against all foreign goods whether they are protectionist or antiprotectionist
in the foreign country.
Optimally, Home retaliates by erecting barriers against all Foreign goods whether they are protectionist or antiprotectionist