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WTO - General

25 posts

It’s the End of the World (TO) as We Know it

Revealed Preferences Matter China, the EU (European Union), and the U.S. have in recent weeks all tabled in writing their views regarding the future of the WTO.[1] The end result should leave no one in doubt that coordination costs between the three dominant players in the trading sphere

Guest Post: Are We One Step Away from a Ministerial Decision to Incorporate the IFD Agreement into Annex 4?

This is a guest post from Antoine Comont (University of Bordeaux, Laval Universiy). Adopted the 13th February 2024, the Investment Facilitation for Development Agreement (IFDA) was the subject of a draft decision for incorporation into Annex 4 of the WTO Agreement at the 13th Ministerial Conference (MC13) in Abu Dhabi.

What Value Does the U.S. See In an E-Commerce Duty Moratorium in the Absence of Effective Enforcement through the DSU?

One of the big issues the U.S. is pushing at MC14 is a permanent extension of the WTO's moratorium on customs duties on electronic transmissions. In a recent statement at a General Council meeting related to preparations for MC14, the U.S. said: Intervention on the Moratorium

The Trump and Biden Administrations' Proposals on the WTO Security Exceptions

In a communication posted on the WTO website yesterday, entitled "Further Perspectives on WTO Reform," the U.S. calls for an authoritative interpretation of the WTO security exceptions to make clear that "[i]n any dispute in which a Member invokes the essential security exception, a WTO

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.

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a

The EU on Policy Space

In the EU submission on WTO Reform that I mentioned yesterday, there was this suggestion on "policy space": In the context of overall strengthening of rules, there should be openness to examine targeted adjustments for policy space. A balance needs to be found between the effectiveness of the

Asking China To Liberalize More at the WTO

Back in 2018, I wrote a piece with my colleague Huan Zhu arguing that China had become much wealthier since it joined the WTO, and therefore should take on greater liberalization commitments: With greater wealth comes greater responsibility. Even if it continues to maintain its “developing” status, as China’s

Questions about the Trump Administration's Trade Deals and Compatibility with WTO Obligations

An issue that has been raised in relation to the Trump administration's various trade deals is whether they are compatible with WTO obligations. GATT Article XXIV, along with the Uruguay Round Understanding on the Interpretation of Article XXIV, sets out specific conditions that bilateral/regional deals on trade

The U.S. Argument for Limiting MFN

In the communication to the WTO that I mentioned in the last post, the U.S. put forward a critique of the MFN principle: Most Favored Nation (MFN) Principle 3.1. The MFN principle, which seeks to prevent discriminatory trade practices and promote equal treatment among trade partners, was designed