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Trade and Security

33 posts

Have the Japanese turned investment lemons into investment project lemonade?

Last week, the governments of the United States and Japan completed a Memorandum of Understanding (MOU) to flesh out the details of a $550 billion pledge to invest in the United States made as part of the bargain to ‘buy down’ the tariffs imposed on Japanese traded products. For months,

EU Security Concerns and the U.S.-EU Trade Deal

A little while back, I asked the question "To What Extent Are the Trade Negotiations about Security?" At that time, we were starting to get hints about the relevance of the Ukraine war to the U.S.-EU trade negotiations. In the last week or two, we've been getting more clarity on this.

To What Extent Are the Trade Negotiations about Security?

On the face of things, the trade negotiations triggered by President Trump's unilateral actions are focused on various trade-related objectives. Trump thinks higher U.S. tariffs are a good way to do some mix of the following: reshore domestic manufacturing, reduce the U.S. trade deficit, and increase

Security Exceptions Redux

In April 2017, the US Secretary of Commerce initiated an investigation under Section 232 of the Trade Expansion Act of 1962 to evaluate the effect of imported steel and aluminium on national security. In 2018, the United States imposed Section 232 tariffs on foreign steel and aluminium products from several

Risky Futures: Indonesia's Nickel and EV Production

Can governments future-proof their economic power in a green(er) global economy? This question seems to lie at the heart of many governments’ trade policies. It is not a new question per se. In 1974, many resource-rich countries resolved that it was time to create a new international economic order

Designing an Economic Security Safeguards Mechanism to Reform the WTO Security Exception

During the WTO Public Forum, the TradeExperettes published a report entitled, Ten Quick Wins for: Re-globalization and Resilience in Trade. The report captures a collection of terrific trade analysts (who happen to be women) short, policy briefs that capture ideas and potential solutions for urgent issues for the multilateral trading

Managing Risks as a GATT Exception under GATT Article XX(j)

In January 2024, the EU will offer more information about its strategy for economic security. After the pandemic and war, the focus is on an approach to risk management. While we await more details, this post probes past jurisprudence to assess how earlier WTO adjudicators handled the potential of an

The thin line between "consistent with" GATT Article XXI and "pursuant to" GATT Article XXI.

A curious realisation from the newly released panel report for China – Additional Duties on Certain Products from the United States (DS558) – for thinking through the legal characterisation of security measures under WTO law. After the United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) panel reports

Security of Steel Capacity – and the Persistence of trade security exceptionalism

In its 2022 WTO Trade Policy Review for the United States (US), China asked the US about its Section 232 tariffs on steel and aluminium. Specifically, China asked about the US steel capacity utilisation rate target of 80% in the Steel Report. China asked the US whether it would now

Negotiating After a Loss – ADR and the US Steel Tariff Cases

How can the WTO facilitate negotiation between disputing WTO Members? DSU Article 5 offers all disputing WTO Members flexible dispute processes via good offices, conciliation, or mediation. Such proceedings may begin at any time (see fn 59), end at any time, precede formal dispute proceedings, and continue while a panel