us international trade court speech

Tuesday 24 November, 2009

I caught The 8th Annual Dominick DiCarlo United States Court of International Trade Lecture featuring The Honorable Timothy C. Stanceu, United States Court of International Trade  LITIGATION OF TRADE-RELATED DISPUTES IN CHALLENGING ECONOMIC TIMES: A JUDGE’S PERSPECTIVE at John Marshall Law School.  The annual DiCarlo Lecture is named for Judge Dominick L. DiCarlo, who served on the US Court of International Trade from 1984-1999 and was chief judge from 1991-1996.  Here are the main points I pulled out:

This court has local jurisdiction-US law applies.  It provides predictability, transparency, & expedience.  Its founding offered resolution through consultation, which led to rules-based litigation.  Tariff classifications are now harmonized.  We have a sound system, but it’s not perfect.  We can get meaningful judicial review which is not always available elsewhere.  It requires equal access, independent judiciary, standards of review, & meaningful remedy (court with power).  The US fulfills all of these.  Anyone can access the court.  Article 3 assures independence & remedy.  The deNovo standard addresses standards.  The court can still be improved like so:

  • speed-goal is 90 day resolution
  • access for small litigants-need to try to keep costs down
  • broad/varied jurisdiction-ex. workers displaced by trade
  • they listen intently to the bar & bar association
  • citizen-citizen cases in addition to government cases


the Michelin tire decision (ref section 421) & China’s ascension to GATT/WTO addresses trade protectionism

deNovo standards on questions of law addresses standards of review re:  Title 7 & the Chevron case.  The principle is agencies fill the gaps.  The court takes 1 of 2 steps

  1. dismiss (rarely happens)
  2. if 2 conflict, defer to agencies with a checklist

judges can sit on other courts, i.e. 2nd circuit court of appeals.



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