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Robin Hoods or thieves? A Foucauldian analysis of international trade policies regarding software piracy
Unformatted Document Text:  Foucauldian analysis of international trade policies 21 Under Section 301, if the U.S. Trade Representative determines that a foreign act, policy, or practice violates or is inconsistent with a trade agreement or is unjustifiable and burdens or restricts U.S. commerce, then action by the USTR to enforce the trade agreement rights or to obtain the limitation of the act, policy, or practice is mandatory, subject to the specific direction, if any, of the President. It is somewhat difficult to see how this can be considered an international agreement, leading to another point of Foucauldian analysis, i.e., how the discourse is set in the arena of “international trade policy” and in practice is, in very large part, “U.S. trade policy.” However, the USTR is not required to act (if another country is taking what the USTR considers to be satisfactory measures to comply with U.S. trade agreement rights, for example (See Overview and Compilation of U.S. Trade Statues in reference list, ??fix style). Under Section 301, the USTR is authorized to suspend, withdraw, or prevent the application of benefits of trade agreement concession to carry out a trade agreement with the foreign country involved, may impose duties, fees, or restrictions, or the USTR may enter into agreements that require another country to eliminate or phase out acts, policies, or practices, or to eliminate any burden or restriction on U.S. commerce, or to compensate for trade problems the USTR (unilaterally; bilaterally) delineates. Krueger (1995) reached a similar conclusion (to that of Bhatwati, 1991) in saying, “U.S. trading partners found Super 301 objectionable because of its unilateralism and because the United States could designate countries as ‘unfair’ trading partners for policies and practices they had not considered unacceptable in the GATT” (p. 68). Another

Authors: Malyshev, Yuri. and Hamilton, Ann.
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Foucauldian analysis of international trade policies 21
Under Section 301, if the U.S. Trade Representative determines that a foreign act,
policy, or practice violates or is inconsistent with a trade agreement or is unjustifiable and
burdens or restricts U.S. commerce, then action by the USTR to enforce the trade
agreement rights or to obtain the limitation of the act, policy, or practice is mandatory,
subject to the specific direction, if any, of the President.
It is somewhat difficult to see how this can be considered an international
agreement, leading to another point of Foucauldian analysis, i.e., how the discourse is set
in the arena of “international trade policy” and in practice is, in very large part, “U.S. trade
policy.”
However, the USTR is not required to act (if another country is taking what the
USTR considers to be satisfactory measures to comply with U.S. trade agreement rights,
for example (See Overview and Compilation of U.S. Trade Statues in reference list, ??fix
style). Under Section 301, the USTR is authorized to suspend, withdraw, or prevent the
application of benefits of trade agreement concession to carry out a trade agreement with
the foreign country involved, may impose duties, fees, or restrictions, or the USTR may
enter into agreements that require another country to eliminate or phase out acts, policies,
or practices, or to eliminate any burden or restriction on U.S. commerce, or to compensate
for trade problems the USTR (unilaterally; bilaterally) delineates.
Krueger (1995) reached a similar conclusion (to that of Bhatwati, 1991) in saying,
“U.S. trading partners found Super 301 objectionable because of its unilateralism and
because the United States could designate countries as ‘unfair’ trading partners for policies
and practices they had not considered unacceptable in the GATT” (p. 68). Another


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