Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
10-16-2020
Document Type
Article
Citation
Nebraska Law Bulletin (October 16, 2020)
Abstract
Arguably, the United States system is better for trade in general because it is less subject to factious constituents pressuring for protection of their industries. While the US system does have some weakness in that the US President can unilaterally withdraw from trade treaties, and may impose tariffs for ambiguously defined reasons, there are better safeguards in the US against protectionism, which lessens possibility of the US engaging in blatant protectionism.
Under the European Union, according to one scholar, the European Council is “shrouded in politics” and as a result can engage in protectionism without the knowledge or consent of the member states. To make matters worse, the influence of the European Union as a unified economic force is thought to be waning due to its inability to speak with one voice. According to another scholar, “it is in [the member states’] national interest to give up their national sovereignty to the European level in order to have a stronger negotiating position, provided that the EU common position defends that national interest. However, this would only be legally possible by amending the EU Treaties. Therefore, the absence of exposure and accountability allows the European Council to engage in unchecked protectionism, often at the expense of free trade far more than the transparent activities of the US Congress.
Comments
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