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Trade and Security

36 posts

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

Friend-shoring

Friend-shoring. Secretary Yellen’s remarks of April 13, 2022 spoke of “friend-shoring” – a commitment to work with countries that “have strong adherence to a set of norms and values about how to operate in the global economy and about how to run the global economic system.” Friend-shoring

Commerce Secretary Raimondo on Section 232 Steel and Aluminum Tariffs

If any doubts remained six months into the Biden Administration that the Administration would be any less protectionist or “Buy American” oriented than its predecessor, they were largely laid to rest by recent comments from Commerce Secretary Gina Raimondo in an interview with Bloomberg News *[1] (reported in World Trade

The Beginning, End, and Imminence of Invoking Essential Security at the WTO

With the release of the latest US submission in United States-Origin Marking Requirement (DS597), it is worth thinking about one of the open questions of the GATT security exceptions in today’s climate – what does it mean to take action “in time of” an emergency in international relations? Security

Section 232, the Scope of National Security, and Projecting U.S. Military Power

In response to legal and political pressure from Congress, the Commerce Department finally released its February 2019 Section 232 investigation report in the autos/auto parts cases. The report is here; the appendices are here. The main recommendation was as follows: The Secretary recommends the following actions the President could

The Possibility of a U.S.-EU Resolution on the Section 232 Steel and Aluminum Tariffs

In an article from last week, Politico Pro had some interesting quotes from U.S. Trade Representative Katherine Tai on the issue of the Section 232 steel and aluminum tariffs. I wish I had the full transcript on this, but I don't, so I'll have to

The Biden Administration's Possible Use of Section 232

When the Biden administration took office, many of us hoped they would undo the domestic policy and international relations damage caused by the Trump administration's use of Section 232 and Section 301 to impose tariffs. In at least some cases, there were real underlying problems of various sorts

The historical references in the U.S. First Submission in United States-Certain Measures on Steel and Aluminum Products

The United States’ First Submission for United States-Certain Measures on Steel and Aluminum Products is out. Similar to its third-party submissions in the Russia-Traffic in Transit dispute, the United States argues the drafting history of the International Trade Organization (ITO) supports an understanding that Article XXI GATT