U.S. International Obligations and the Relation between the States and the Federal Government: the case of WTO- Government Procurement Agreement

Carlos L. Rodriguez, University of Columbia Law School

Abstract

In my article U.S. International Obligations and the Relation between the States and the Federal Government: the case of WTO- Government Procurement Agreement I intend to give a fresh look to the legal implications of trade agreements for sub-national governments. Particularly I look at the United States in the context of the implementation of the WTO Uruguay Round Agreements. Among other issues, I assess the abilities of states governments and the territories to regulate certain commercial activities, despite the U.S. participation in international trade agreements. The article attempts to address complicated legal questions such as how the US legal establishment deals with possible conflicts between states measures and US commitments in international trade agreements such as WTO? Can private parties challenge state statutes that may conflict with some of the national governments’ international commitment in the area of international trade? How do we balance the increasing states’ interest in trade policy and the interest of the federal government to speak with one voice when it comes to foreign affairs?