International Economic Law and Policy Blog (Page 35)

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USTR's View of Non-Discrimination

Here is an excerpt from the U.S. statement at the last DSB meeting, in which it discusses the EU - Palm Oil panel's interpretation of non-discrimination in TBT Agreement Article 2.1: - The United States is disappointed that the Panel in this dispute at times simply adopted

The U.S. Non-Violation Nullification or Impairment Argument in the USMCA GE Corn Dispute

In its rebuttal submission in the Mexico - GE Corn USMCA dispute, the U.S. has set out a non-violation nullification or impairment claim as an alternative to its violation claims (the U.S. did not elucidate the non-violation claim in its initial written submission, but it did indicate

What Would Joe Stiglitz Do about WTO Subsidies Rules?

In a recent Foreign Policy piece, economist Joe Stiglitz makes several references to WTO rules "forbidding" industrial subsidies: The current moment is a good illustration. It is the product of longstanding beliefs and power relations. Under this system, industrial subsidies were a no-no, forbidden (so it was

Katherine Tai on Negotiating at the WTO

Here's an exchange between Rep. Don Beyer (D-VA) and U.S. Trade Rep. Katherine Tai at a House Ways and Means Committee hearing in mid-April: Beyer: I, with a number of my colleagues here, visited the WTO a couple of years ago, in the midst of

Is AD/CVD the Answer to Chinese Non-Market Policies and Practices?

In a recent Washington Post op-ed, Brian Deese, the former director of the National Economic Council in the Biden administration, calls for a coordinated use of AD/CVDs as a way to "discourage" China's "anti-market behavior": Responding to China’s anti-market

Overcapacity and future discussions in the SCM Committee.

Finbarr Bermingham reported on Wednesday, April 23, 2024, that in the recent SCM Committee meeting, there were ‘sharp’ exchanges between the US and China related to Chinese ‘overcapacity’ in key sectors owing to subsidies. China objects to the term ‘overcapacity,’ arguing that there is no clear definition within the WTO

Developing country status in the WTO

Buried deep in the EU - Palm Oil report (paras. 7.911-7.915, on page 250!) is a nugget on developing country status in the WTO. Malaysia asserts, in the TBT context, that it is a developing Member. It cites as support that: (a) according to the World Economic Situation

Katherine Tai on WTO Complaints against China

U.S. Trade Rep. Katherine Tai had a couple exchanges at last week's Senate Finance Committee hearing in which she suggested that WTO complaints against China had not been effective, and for that reason the Biden administration had moved away from filing these complaints. I disagree with her

Katherine Tai on Trade Policy Pitting Americans against Americans

At a House Ways and Means Committee hearing last week, U.S. Trade Representative Katherine Tai said a couple times that she wanted "to stop pitting Americans against Americans" in U.S. trade policy: * "Trade should work for all Americans. Our goal is to stop pitting Americans

Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS

Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are not putting ISDS provisions