International Economic Law and Policy Blog

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Non-Market Economies

7 posts

Collective Restraint vs. Unilateral Action vs. Collective Action in the Face of Overcapacity/Non-Market Policies

There was an interesting exchange at last week's WTO General Council meeting, as Korea submitted a communication entitled "Preserving the spirit of open and predictable trade: Collective restraint against actions undermining trade liberalization." In this communication, Korea raised concerns about the response of other governments to

My Top Three Suggestions for WTO Complaints against Chinese Non-Market Policies and Practices

In an exchange today at a House Ways and Means Committee Trade Subcommittee hearing, Rep. Jodey Arrington (R-TX) and trade lawyer Kelly Ann Shaw expressed skepticism about the possibility of WTO rules being used to address various Chinese non-market policies and practices.

Some Thoughts on Addressing Non-Market Policies and Practices through WTO Disputes

Earlier this week, the U.S. submitted a communication to the WTO entitled "On WTO Reform." There are a number of issues worth talking about in the document, but I want to highlight the sub-section on "Overcapacity and Overconcentration of Production."

Questions and Responses in DS623 on Non-Market Policies and the Relationship of GATT Exceptions to the SCM Agreement

The U.S. has posted its responses to the panel's questions in U.S. - IRA (China) (DS623). I want to highlight two specific questions/responses: One relates to the meaning of "non-market" policies and practices, and the other relates to the availability of GATT exceptions

USTR's Model Negotiating Texts: Non-Market Practices and More

Last week, USTR released what it referred to as "Model Negotiating Texts" on a number of issues: * Competition Model Text * Inclusive Economy Chapter Model Text * Non-Market Policies and Practices (NMPPs) Model Text * Public Enterprise Model Text * Standards Model Text There's a lot to take in here,

Unfinished Business: Bringing China Into the Club of Market-Oriented Countries

Given where U.S. trade policy is at the moment, this doesn't seem like the best time for my latest piece, which is called "Unfinished Business: Bringing China Into the Club of Market-Oriented Countries." But sometimes all you can do is lay the groundwork for the

Non-Market Economy Status and Inducing Market-Oriented Reforms

For the purposes of U.S. anti-dumping/countervailing duty law, the Commerce Department maintains a list of non-market economies. Vietnam is one of the economies on that list. A March 2024 Congressional Research Service paper on "Vietnam’s Nonmarket Economy (NME) Status" notes that the government of Vietnam