Published at Website “Conselho da Justiça Federal” (http://www.cjf.jus.br), October 1997, São Paulo, Brazil.
It is beyond argument that the celebrations of international treaties with United States do not offer juridical safety, because this country, according to the author, exercises with despotism his rules in international plan. United States does not recognize the international Law’s superiority.
The writer considers the internal north American Law paying attention to international treaty and his position in hierarchy of internal rules. He mentions a conflicting situation between federal laws and international treaty, both in the same level in that country.
A treaty will only be applied if it is not in conflict with another internal Law in this country. The author also criticizes that United States do not ratify Vienna’s Convention about treaty laws; 301 section of rate and commerce’s act of United States; this country’s position in relation to the Trade Negotiations Committee and the abusive utilisation of antidumping legislation in United States. The 301 Section authorizes north American government to apply commerce sanctions against countries that take commerce measures against their interests.
Lawyer admitted in Brazil, England and Wales and Portugal. GATT and WTO panelist. Brazilian government ad-hoc representative for the Uruguay Round of the GATT. Post-graduation professor of the law of international trade.