The International Law and Economics of Buy American (Domestic Content) Requirements

Sharing the Gains of the U.S./Global Economy: Proceedings of the New York University 70th Conference on Labor

Stanford Law and Economics Olin Working Paper No. 528

17 Pages Posted: 16 Nov 2018 Last revised: 28 Nov 2018

See all articles by Alan Sykes

Alan Sykes

Stanford University - Law School

Date Written: October 25, 2018

Abstract

Among its many initiatives in the area of trade policy, the Trump administration has suggested that maximal use be made of existing “Buy America” authority under U.S. law. The economic literature refers to such measures as “domestic content requirements.” This essay lays out the legal basis for domestic content requirements under Federal and state law. It considers their applicability to both the private and the public sectors, analyzes their economic consequences, and assesses their legality under international trade law.

Keywords: international trade policy, domestic content requirements, government procurement, Buy American

JEL Classification: F13, K33

Suggested Citation

Sykes, Alan, The International Law and Economics of Buy American (Domestic Content) Requirements (October 25, 2018). Sharing the Gains of the U.S./Global Economy: Proceedings of the New York University 70th Conference on Labor; Stanford Law and Economics Olin Working Paper No. 528. Available at SSRN: https://ssrn.com/abstract=3273136 or http://dx.doi.org/10.2139/ssrn.3273136

Alan Sykes (Contact Author)

Stanford University - Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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