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Developing country status in the WTO

Buried deep in the EU - Palm Oil report (paras. 7.911-7.915, on page 250!) is a nugget on developing country status in the WTO. Malaysia asserts, in the TBT context, that it is a developing Member. It cites as support...

Katherine Tai on WTO Complaints against China

U.S. Trade Rep. Katherine Tai had a couple exchanges at last week's Senate Finance Committee hearing in which she suggested that WTO complaints against China had not been effective, and for that reason the Biden administration had moved away from...

Katherine Tai on Trade Policy Pitting Americans against Americans

At a House Ways and Means Committee hearing last week, U.S. Trade Representative Katherine Tai said a couple times that she wanted "to stop pitting Americans against Americans" in U.S. trade policy: "Trade should work for all Americans. Our goal...

Senator Whitehouse and Ambassador Tai Talk About Getting Rid of ISDS

Here's an exchange between Senator Sheldon Whitehouse (D-RI) and U.S. Trade Rep. Katherine Tai at a Senate Finance Committee hearing today (2:32:00): Whitehouse: The other thing I wanted to talk with you about is the loathsome ISDS process. We are...

Subsidies, Overcapacity, and Domestic Demand/Savings

There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand,...

Free Trade and Peace Sells ... but Who's Buying?

I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts...

The Role of the WTO in Planetary Sustainability

The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations. As a result, no international organization is likely to have an exclusive competence to effectuate...

USTR's New Vision for Foreign Trade Barriers

Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the...

Digital Trade Fights: The Case of Korea

In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds...

Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The...

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty...

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long...

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing Chinaas policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First,...

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times...

Did NAFTA Push White Male Social Conservatives to the Republican Party?

This is the abstract of a new paper titled "Local Economic and Political Effects of Trade Deals: Evidence from NAFTA", which argues that many "white, less educated voters left the Democratic Party" due to NAFTA: Why have white, less-educated voters...

Guest Post: Back from the WTO MC13 a A brief report and some remarks from four scholars who were in Abu Dhabi

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Carla Gomez, Ph.D. Researcher; Antoine Comont, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement

Iave never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and...

Mexico Invokes Public Morals, Exhaustible Natural Resources, Indigenous Peoples Exceptions in GE Corn USMCA Dispute

Mexico's initial written submission in the GE Corn USMCA dispute was recently posted. The English public version is here. There's a lot in there and I'm not going to go through it all in this post. I just thought it...

Resolving the Biden Administration's Internal Debate on International Digital Rules, and Reengaging in Negotiations

I've already made these points for the trade policy crowd, but I have now tried to make my pitch on a way forward for the Biden administration on international digital trade rules slightly more accessible (i.e., without so many blockquotes...

Katherine Tai on USMCA Dispute Settlement and the USMCA Six Year Review

At a Brookings event yesterday, Josh Meltzer of Brookings had some interesting exchanges with U.S. Trade Rep. Katherine Tai on USMCA dispute settlement and the USMCA six year review. Here's the one on dispute settlement: Meltzer: What I'd like to...

Conversations at WTO Ministerial Side Events: Subsidy Races and Trade Remedies

As part of the WTO Ministerial Conference last week, there were some side events going on. I was watching one called "Business Forum at MC13" and came across some interesting discussion of subsidy races and trade remedies. The question that...

The Role of WTO Case Law in a USMCA RRLM Proceeding

Here is an interesting exchange from last week's hearing in the USMCA San MartAn mine labor dispute about the role of WTO case law in interpreting the USMCA provisions at issue: Panelist: Mexico raised the question that the United States...

WTO Adverse Effects Complaints vs. Domestic CVD Cases

Subsidies have been in the news a lot recently, as China's subsidies continue to cause concerns, and the Biden administration and others are now increasing their own use of subsidies. In trade policy, the reaction to foreign subsidies tends to...

The Role of Past Determinations in U.S. DOC Proceedings

In the U.S. - Ripe Olives from Spain, Article 21.5 panel report circulated last week, I was struck by the discussion of the role of previous Commerce Department determinations in deciding future cases, and the obvious parallels to how the...

IELP Blog Emails

The technical problems on the blog just keep coming. After recently dealing with the RSS feed, I noticed that the emails with recent blog posts (for those of you who read the blog that way) weren't sending properly. I decided...

The AfCFTA Digital Trade Protocol

The African Continental Free Trade Area (AfCFTA) governments have been working on the issue of international rules on digital trade. There was recently a leak of a draft Digital Trade Protocol to the AfCFTA Agreement (an earlier draft is here)....

Guest Post: MC13: Is It the Last Chance To Save The WTO?

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Antoine Comont, Ph.D. Researcher; Carla Gomez, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Katherine Tai on Digital Trade

At a CFR event last week, U.S. Trade Rep. Katherine Tai said some things about digital trade. Normally for these things, I provide a quote and then react to it afterwards, but the quotes here are so long that I'm...

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