The New WTO Law of Market Economy Status for China Steve Charnovitz 12 April 2018 In this era of China bashing, WTO watchers should be reminded of one area of WTO law where the United States and the EU continue to engage in WTO-illegal behavior. That is, the unjustified application

This is the legal basis of China's WTO complaint against the U.S. Section 232 tariffs, filed on April 5: The measures at issue, operating separately or together, appear to be inconsistent with the United States' obligations under: * Articles XIX:1(a), XIX:2 of the GATT

One of the most significant complaints made by the US in its Section 301 investigation of China's IP practices is the claim that China conditions permission for foreign investment on transfer of technology.  However, in the US' recent WTO complaint against China's IP practices, the

This is from Kathleen Claussen: Select videos from the 112th Annual Meeting of the American Society of International Law (ASIL) held last week in Washington, DC are now available on the ASIL website (https://www.asil.org/resources/video/2018-annual-meeting).  These include video from a session on the future of

The $50 billion tariffs proposed by the Trump Administration put China into a “Catch-22” position. If China doesn’t retaliate and only follows the proper dispute settlement procedure to challenge them in the WTO, then it has to wait at least 2 years before the US measures are finally ruled

Here is the U.S. response to China's decision to deem the Section 232 tariffs a safeguard measure and to impose tariffs pursuant to provisions of the Safeguards Agreement: The United States has received China's requests for consultations under Article 12.3 of the Agreement on

I have been puzzling over what is happening with the safeguards issues related to the U.S. steel/aluminum "national security" tariffs (and as I was drafting this post, Brett Williams raised the same issue in a comment here). This is what I see so far. Safeguards Agreement

This is from the Financial Times: China has unveiled retaliatory duties on US food imports including pork, fruit, nuts and wine of up to 25 per cent as a response to the Trump administration’s new tariffs on steel and aluminium imports. Beijing said the additional duties on 128 kinds

This is from the U.S. statements at the DSB meeting on March 27: The United States would be pleased to discuss at length the seriously trade distorting policies adopted by China that are the subject of the ongoing Section 301 investigation mentioned in China’s statement. It is these