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Non-Violation Nullification or Impairment

18 posts

National Security Disputes, Non-Violation Nullification or Impairment, and Authoritative Interpretations

At today's DSB meeting, in the context of the consideration of the U.S. - Steel/Aluminum and U.S. Origin Marking panel reports, the U.S. offered the following explanation of why it was appealing the reports into the void, as well as some broader steps it

Questions about U.S. Trade Policy

Like many people, I have some questions about U.S. trade policy these days. I don't know if asking them publicly like this will get U.S. trade officials to answer, but it can't hurt to try! Here are four areas where I'd like

Some Questions after the WTO Panel Reports on the U.S. Section 232 Tariffs

Four separate WTO panel reports related to the U.S. Section 232 tariffs on steel and aluminum were circulated on Friday, in complaints brought by China, Norway, Switzerland, and Turkiye. Here are some questions I had about these disputes. What will the complainants do now? Assuming the U.S. appeals

The Origins of Trade Law's Rules on Domestic Regulation

Until now, research into the League of Nations economic discussions was a serious challenge. You needed to be an archives master like Mona Paulsen to make much progress. But things have changed with a new digitization efforts by the UN folks, which includes most -- and eventually all, I think

Non-Violation Arguments in the USMCA Auto Rules of Origin Dispute

In the ongoing USMCA dispute on United States - Automotive Rules of Origin (USA-MEX-CDA-2022-31-01), in addition to their arguments that the U.S. unilateral interpretation of the USMCA Rules of Origin provisions for passenger vehicles and light trucks violates USMCA rules, Mexico and Canada have made a non-violation nullification or

Non-Violation Claims Against National Security Measures

This is from the U.S. third party oral statement in the United Arab Emirates – Measures Relating to Trade in Goods and Services, and Trade Related Aspects of Intellectual Property Rights (DS526) dispute: III. Negotiating History Of GATT 1994 Article XXI(b) 12. The negotiating history of these essential security

Non-Violation Claims in the Steel/Aluminum WTO Complaints

Here are all six WTO consultations requests filed so far against the U.S. Section 232 tariffs on steel and aluminum products: U.S. - Measures on Steel and Aluminium (DS552) June 12, 2018 Norway U.S. - Measures on Steel and Aluminium (DS551) June 5, 2018 Mexico U.S.

A Novel Application of Non-Violation

Speaking of WTO legal claims that are a bit of a stretch (which I feel like I've been offering quite a bit of recently) ... Typically, the "benefits" at issue in a non-violation claim are those resulting from a trading partner's tariff concessions. So, for