Law Commons^™

Us Trade Policy, China And The Wto (Foreword), Paolo Davide Farah

Book Chapters

In ‘U.S. Trade Policy, China and the WTO’, Nerina Boschiero addresses a key topic in contemporary international economic law and global governance. By focusing on a turning point in global politics and the shaping/framing of trade policy in the U.S.– the election of President Donald Trump sheds light on the tumultuous process of reshaping of global governance. The crisis of multilateralism has been discussed at length in academia and mainstream media. However, little attention has been paid to how the U.S. is reacting to the rise of China in the global order, in practical terms. In particular, focus …

Public Ownership And The Wto In A Post Covid-19 Era: From Trade Disputes To A 'Social' Function, Paolo Davide Farah, Davide Zoppolato

Articles

Public ownership is closely bound to the need of the government to protect and guarantee the well-being of its citizens. Where the market cannot, or does not want to, provide goods and services, the State uses different tools to intervene, influence, and control some aspects of the private sphere of expression of its citizens in the name and interest of the collectivity. Although, in the past century, this behavior was accepted as one of the expressions of the public authority and part of the social contract, this perception has shifted partially in accordance with the wave of privatization programs initiated …

Dismantling The Wto: The United States’ Battle Against World Trade, Aaron Seals

University of Miami Business Law Review

No abstract provided.

Insulating A Wto Investment Facilitation Framework From Isds, George A. Bermann, N. Jansen Calamita, Manjiao Chi, Karl P. Sauvant

Faculty Scholarship

The authors identify several ways in which a WTO investment facilitation framework for development can be insulated from investor-state dispute settlement provisions in international investment agreements, and suggest specific formulations in this respect.

Stakeholder Preferences And Priorities For The Next Wto Director General, Matteo Fiorini, Bernard Hoekman, Petros C. Mavroidis, Douglas Nelson, Robert Wolfe

Faculty Scholarship

The WTO is looking for a new Director-General (DG). What does the trade community think is needed? This paper reports on the results of an expert survey undertaken as part of a research project on global trade governance at the European University Institute to solicit views on what WTO members and the international trade community consider the most important attributes of candidates for the position, as well as views on the substantive policy and institutional reform priorities confronting the WTO – and thus the new DG. The results suggest strong support for someone with managerial and political experience, and a …

Making Sense Of The Arbitrator’S Ruling In Ds 316 Ec And Certain Member States – Measures Affecting Trade In Large Civil Aircraft (Article 22.6-Ec): A Jigsaw Puzzle With (At Least) A Couple Missing Pieces, Petros C. Mavroidis, Kamal Saggi

Faculty Scholarship

“The U.S. won a $7.5 Billion award from the World Trade Organization against the European Union, who has for many years treated the USA very badly on Trade due to Tariffs, Trade Barriers, and more. This case going on for years, a nice victory”, tweeted President Trump’s on October 3, 2019. The United States (US) won not only the highest amount of retaliation ever adjudicated in the history of the WTO but also an ongoing right to retaliate on an annual basis until such time as the EU had complied by either removing the subsidies it granted Airbus or somehow …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

International Investment Agreements: Impacts On Climate Change Policies In India, China And Beyond, Lise Johnson, Brooke Güven

Columbia Center on Sustainable Investment Staff Publications

Mitigating and adapting to climate change will require a fundamental reorientation of our global economy as we move away from fossil fuels and transition to a low carbon and climate-resilient world. This reorientation depends on government actions to help catalyze and channel financial flows in new directions and away from business-as-usual practices.

International investment agreements (IIAs) – treaties that now number over 3,000 and have the objective of promoting and protecting cross-border investment flows_could potentially play a key role in these efforts to scale up and (re)direct investments to meet climate change mitigation and adaptation needs. As presently drafted and …

The Tbt Agreement’S Failure To Solve U.S. - Cool, Elinore R. Carroll

Georgia Journal of International & Comparative Law

No abstract provided.

Refining Statutory Interpretation: How Natural Gas Export Regulations Violate U.S. International Trade Obligations, Amanda L. Tharpe

Catholic University Law Review

As a member of the World Trade Organization (WTO), the United States is required to abide by nondiscriminatory trade policies when exporting products to other WTO members. Current U.S. policy regulating natural gas exports impose burdensome and lengthy licensing procedures on those requesting approval of a permit to export natural gas to countries with which the U.S. does not have a free trade agreement. A similar commodity, crude oil, is regulated by different regulations that allow for U.S. oil producers to freely export crude oil overseas. This Comment analyzes the differences in federal laws and regulations governing the export of …

Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson

Georgia Journal of International & Comparative Law

No abstract provided.

Space For Local Content Policies And Strategies, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper explores both the role that local content measures can play in advancing sustainable development, and the impact that trade and investment treaties concluded over the past 20 years have had and will continue to have on the ability of governments to employ those tools. Certain local content measures had been restricted under the WTO due to wide agreement by negotiating parties that their costs outweigh their benefits. But the WTO also left a number of local content measures in governments’ policy toolboxes. As is discussed in this paper, however, that is changing, with the range of permissible actions …

The Technical Barriers To Trade Agreement: A Reconciliation Of Divergent Values In The Global Trading System, Samantha Gaul

Chicago-Kent Law Review

In the context of multilateral trading, there is a historical tension between economically oriented, laissez-faire, pro-trade concerns as they are juxtaposed with social, environmental, and health concerns. These conflicting values are inextricable from one another in a world that encourages, and quite frankly mandates, a high level of economic interdependency. But what if institutional actors could reconcile these conflicting values—at least toward the more efficient and practical goals of alleviating (rather than eliminating) the underlying tension? This Note argues that Article 2.2 of the World Trade Organization’s Technical Barriers to Trade Agreement operates to reconcile these fundamental tensions to some …

Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao

Pace International Law Review

This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …

The Role Of United States Trade Laws In Resolving The Florida-Mexico Tomato Conflict, Stephen J. Powell, Mark A. Barnett

Stephen Joseph Powell

For discussion purposes, we have been asked to assume that the agreement entered into in October 1996 between the U.S. Department of Commerce (Commerce) and Mexican tomato exporters, which resulted in suspension of an antidumping investigation of tomatoes from Mexico, has ended. The new owner of many of Florida's winter vegetable producers, concerned with the continuing rise in market share represented by Mexican imports, is considering further action under the trade remedy and other laws. This article will discuss the potential role of the antidumping and countervailing duty laws in these deliberations, as well as the operation of the dispute …

The Cotton And Sugar Subsidies Decisions: Wto's Dispute Settlement System Rebalances The Agreement On Agriculture, Stephen J. Powell, Andrew Schmitz

Stephen Joseph Powell

As far back as David Ricardo's shattering insight as to comparative advantage in 1817, agriculture has enjoyed special favor in trade. The unique place of farming was so well established by the time the 1947 General Agreement on Tariffs and Trade ("GATT") was negotiated that GATT's tight disciplines on government interference with free trade not only exempted government protections to growers, but in fact were drafted to be fully consistent with the agricultural policies of the major signatories. While it would be an exaggeration to argue that GATT' s first half century was without impact on agricultural benefits, the sector …

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.

Acuerdo De Facilitación Al Comercio De La Omc: Eficiencia En Las Cadenas De Suministro Mundiales, Rodolfo C. Rivas Rea

Rodolfo C. Rivas

The author provides a brief overview of the negotiation process of the Trade Facilitation Agreement under the WTO and the bringing to a successful conclusion of the agreement during the Ninth Ministerial Conference hosted by Indonesia. The author then delves into the general contents of the agreement and the possible benefits it can bring to the private sector, specifically in relation to the Global value chains. ////////////////////////////////////// El autor ofrece un breve panorama general del proceso de negociación del Acuerdo de Facilitación del Comercio (AFC) de la OMC y la exitosa conclusión del acuerdo durante la Novena Conferencia Ministerial en …

The Nafta Alternative: Saving Korus Fta Dumping Appeals From The Dumps, Czarina Powell

Canada-United States Law Journal

Antidumping duties are a trade remedy often utilized against producers in the United States' own bilateral trading partners. Because of Chevron deference, foreign companies are at greater risk of being branded "dumpers" simply upon the onset of a petition. On March 15, 2013, the United States celebrated the one-year anniversary of the signing into force of the Korea-US (KORUS) Free Trade Agreement and its promise to eliminate barriers and tariffs.

Proportionality, General Principles Of Law, And Investor-State Arbitration: A Response To Jose Alvarez, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.

Transparency In International Economic Relations And The Role Of The Wto, Padideh Ala'i , Matthew D'Orsi

Padideh Ala'i

China-Taiwan Trade Relations: Implications Of The Wto And Asian Regionalism, Pasha L. Hsieh

Pasha L. Hsieh

Cross-strait relations underwent a fundamental change when both China and Taiwan joined the World Trade Organization (WTO) in 2001. The WTO is the first world-wide multilateral organization in which China and Taiwan share equal statuses. Thus, the WTO provides a neutral forum for China and Taiwan to resolve trade conflicts. More importantly, the WTO requires the two states to behave toward one another in a manner consistent with WTO norms. Consequently, the trade policies of China and Taiwan would change in response to their WTO obligations. In addition to the WTO, Asian regionalism, which refers to the recent accelerated integration …

International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason

Pepperdine Dispute Resolution Law Journal

This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …

United States--Certain Measures Affecting Imports Of Poultry From China: The Fascinating Case That Wasn't, Donald H. Regan

Articles

US–Poultry (China) was the first Panel decision dealing with an origin-specific SPS measure, or with what the United States referred to as an ‘equivalence regime’. More specifically, it was the first instance in which the basis for the challenged measure was the claimed inability of the complainant country to enforce its own food-safety rules. Unfortunately, as the litigation developed, the very interesting novel issues raised by such a measure were not discussed. This essay discusses those novel issues – in particular, what sort of scientific justification or risk assessment should be required for a measure like this, and what SPS …

Redesigning Global Trade Institutions, John Linarelli

Scholarly Works

This is a draft of an essay for the symposium, 2021: International Law Ten Years from Now, held by the Southwestern Journal of International Law in cooperation with the International Law Association (American Branch) Weekend West. The essay deals with two questions. First, what is to be of the WTO and world trade institutions generally? It examines the rise of regionalism in international trade agreements and possible roles for variable geometry for the WTO. The essay critiques proposals to move towards (or back to) plurilateralism for the WTO. Second, what should trade agreements do? This question goes to the core …

The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.

Ashley Song

Coase’s assumption of zero transaction cost is not realistic in the WTO; it bears substantive amount of transaction costs. Unlike Coase, Calabresi and Melamed, in their article of “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” endogenously admit that transaction cost exists and utilize it for the application of a property and liability rule. I would like to apply the property, liability, and inalienability rules to the WTO– mainly, to the wrongful acts of the WTO members– and which remedy according to which rule can be effectual or reach the welfare maximization in Pareto Optimal.

Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao

Research Collection Yong Pung How School Of Law

To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …

An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …

China's Participation In The Wto: A Lawyer's Perspective, Henry Gao

Research Collection Yong Pung How School Of Law

On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …

Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao

Research Collection Yong Pung How School Of Law

To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …