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AFTER CORUS STAAL-IS THERE ANY ROLE, AND SHOULD THERE BE-FOR WTO JURISPRUDENCE IN THE REVIEW OF U.S. TRADE MEASURES BY U.S. COURTS?

I. INTRODUCTION

After a series of decisions by the Court of International Trade ("CIT") and the Court of appeals for the Federal Circuit ("CAFC") in 2004 suggesting that the Charming Betsy doctrine gives the jurisprudence of the World Trade Organization ("WTO") a meaningful role in U.S. judicial review of agency action under the trade laws of the United States, both Courts reversed direction in 2005 and 2006.1 Given the most recent pronouncements by the CIT and the CAFC, do WTO dispute settlement decisions have any relevance to U.S. judicial review of agency action under the trade laws of the United States? And if not, is the legal and trade policy rationale behind the decision to ...

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