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
17 Pages Posted: 16 Nov 2018 Last revised: 28 Nov 2018
Date Written: October 25, 2018
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: Suggested Citation