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Various Essays in Critical Thomism (book)

Various Essays in Critical Thomism (book)

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Published by Anthony Fejfar
This book has essays, alllegries, and poems dealing with Critical Thomism.
Hardcover book is available from Lulu Press at www.lulu.com
This book has essays, alllegries, and poems dealing with Critical Thomism.
Hardcover book is available from Lulu Press at www.lulu.com

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Published by: Anthony Fejfar on Dec 30, 2008
Copyright:Attribution Non-commercial

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06/10/2013

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GATT, Unfair Trade Practices and Substantive Due Process

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2008 by Anthony J. Fejfar

GATT, which is the international treaty known as the “General Agreement

on Tariff’s and Trade,” prohibits irrational restraints on trade in the areas of the sale of

goods, and the service industry, that is employment. GATT requires that irrational or

unreasonable restraints on trade be abolished. Thus, it is clear that GATT requires and

both private industry policies as well as governmental regulations be rationally related to

a legitimate business or governmental interest. Additionally, since GATT prohibits

irrational or unfair restraints on trade, it is clear that the notion of unfair restraints on

trade also includes the idea that businesses cannot engage in unfair trade practices such a

fraud. It should also be noted that the underlying purposes of GATT is to promote

individual autonomy, and the production of a good profit in the short, medium, and long

term, and is not designed to promote short term profit maximization.

It is also well to keep in mind that GATT contains a “Public Health, Safety,

and Welfare exception.” This means that GAAT does not prevent the state from

engaging in reasonable business or professional regulation under its police powers.

Once again, although such regulation is permitted as an exception to GATT, it must be

rational or reasonable, and rationally related to a legitimate governmental interest.

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