The making of a quagmire: The inadequacies of applying the Jackson-Vanik amendment to Vietnam's transitional economy

Over the years, the United States has articulated the ideological link between development of market economies and respect for democratic values and human rights through trade preferences and rite Jackson-Yanik Amendment. Enacted during the Cold War, the Amendment applies only to states that fit the definition of ''nonmarket economy'' and thus, fails to account for nations that are undergoing drastic structural transitions. Using the example of Vietnam's economic reform, this Note identifies economic and political dilemmas peculiar to transitional developing states. The author argues that under the current statutory scheme of the Amendment, the concerns of these transitional states are not addressed. The author concludes that a change in the statutory scheme of the Jackson-Vanik Amendment to encompass ''nonmarket economy states in transition'' will serve to enhance the twin aims of economic development and human rights.