ABSTRACT
As the Clinton administration’s use of Section 301 in the auto and auto parts negotiations with Japan demonstrates, Section 301 remains an effective and flexible tool for pressing trade disputes. Section 301 can continue to play four very important roles in the new World Trade Organization (WTO) world. Section 301, or more precisely, Special 301 and Super 301, can focus US efforts to employ WTO dispute settlement effectively. At their core, both Special 301 and Super 301 are formal processes for setting priorities; the original section of law authorizing Super 301 is titled “Identification of Trade Liberalization Priorities.” The Section 301 statute contains a special provision for addressing violations of Section 301 agreements, Section 306. Further, the authors of Section 301 created special procedures for addressing violations of trade agreements on a swift and sure track. As the intellectual property experience demonstrates, Section 301 can be a catalyst for bringing new issues into the WTO.
