There is probably no branch of international law which is so calculated to encourage the skeptic as that mass of contradictory precedents, dogmatic assertions, and vague principles which are collected under the common head of “intervention,” and perhaps there is no more potentially dangerous ground of intervention than that which is variously described as” self-preservation” […]
CAFC Dissent Makes Case for Increased Deference to CIT
Last week the U.S. Court of Appeals for the Federal Circuit issued an order denying a petition for en banc reconsideration of its decision in NSK Corp. v. United States. In that case, the CAFC reversed the U.S. Court of International Trade on the issue of whether the U.S. International Trade Commission properly assessed injury […]
ITC Votes to Expedite Sunset Review of Nails from China
The U.S. International Trade Commission yesterday unanimously voted to expedite its review of the antidumping duty order on steel nails from the People’s Republic of China. This “sunset” review covering the five-year span of 2008 to 2013 will determine whether maintaining the order is warranted. The ITC voted to conduct this procedure without briefing or a […]
Arbitrary jurisdiction decisions exacerbate the ICC’s Africa problem
While Libya’s post-revolution central government struggles to exert control over a restive populace and get the fractured nation’s economy back on track, it has also been fighting a legal battle against the International Court of Justice over the right to try members of the late Muamar Gaddafi’s regime in Libyan courts. The two men in […]
CAFC and CIT Refine Contours of Exhaustion Doctrine
Litigants are generally required to exhaust their administrative remedies by presenting all arguments to the agency before being able to pursue judicial challenge. The United States Court of International Trade has applied this doctrine with increased frequency in recent cases, dismissing issues that it concluded were not fully litigated or properly presented before the agency. […]