The COVID-19 Pandemic and International Trade
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Trade's Security Exceptionalism
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2020 Trade's Security Exceptionalism Kathleen Claussen Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the International Trade Law Commons, and the National Security Law Commons ARTICLE Trade's Security Exceptionalism Kathleen Claussen- Abstract. At the core of U.S. trade law is an under-studied structural dichotomy. On the one hand, well-established statutory authorities enable the President to eliminate trade barriers through negotiations with U.S. trading partners. On the other hand, different, lesser-known authorities allow the President to erect trade barriers on an exceptional basis where necessary for U.S. economic security. Rather than thinking of free trade as a source of or tool for economic security as political theorists long have, our law codifies these authorities as though they are in contrast to one another-allowing departures from the free trade norm when security so demands. Further, the two categories of authorities suffer from a mismatch in what I call "trade delegation disciplines": While Congress kept tight controls on the President's free trade negotiations, it abandoned controls on the exceptional, security-driven authorities, empowering the executive to handle U.S. trade interests in an unbridled way that our nation's Founders feared. This Article is the first to identify how trade law has exceptionalized security. It develops an original typology of the categories of congressional delegations that constitute our exceptional trade apparatus. This structural account delivers both positive and normative payoffs. -
A History of Neglect UK Export Finance and Human Rights Briefing June 2013
A HISTORY OF NEGLECT UK EXPORT FINANCE AND HUMAN RIGHTS BRIefING June 2013 Amnesty International A History of Neglect UK Export Finance and Human Rights Published by Amnesty International UK, June 2013 © Amnesty International UK London 2013 Amnesty International UK Human Rights Action Centre 17-25 New Inn Yard London EC2A 3EA Tel 020 7033 1578 A HISTORY OF NEGLECT UK EXPORT FINANCE AND HUMAN RIGHTS Contents Executive summary 2 Introduction to export credit agencies 5 1 The international context 6 2 UKEF’s standards and procedures 10 3 UKEF – a comparative international perspective 16 4 UKEF resists transparency and accountability 19 5 UKEF ignores emerging UK government consensus 26 on business and human rights 6 Recommendations 28 TERMINOLOGY In November 2011 the UK Export Credits Guarantee Department (ECGD) changed its name to UK Export Finance. Throughout this briefing we will refer to this agency as UK Export Finance (UKEF), except where its name is used in a quotation that pre-dates the name change. Executive summary The UK’s export credit agency, established in 1919, was the world’s first.I t is a government department operating under an act of parliament and reporting to the Secretary of State for Business, Innovation and Skills (BIS). Background As the government department responsible for providing financial support to British exporters, UK Export Finance (UKEF) is a hugely influential body. However, its eagerness to help secure new overseas contracts for British companies often comes at the expense of human rights. Unlike export credit agencies (ECAs) in some other countries, UKEF does not conduct any human rights or environmental screening of support worth less than 10 million SDRs1 (£10m) or for less than two years. -
Working Paper 19-7: the 2018 US-China Trade Conflict After 40
WORKING PAPER 19-7 The 2018 US-China Trade Conflict After 40 Years of Special Protection Chad P. Bown April 2019 Abstract In 2018, the United States suddenly increased tariffs on nearly 50 percent of its imports from China. China imme- diately retaliated with tariffs on more than 70 percent of imports from the United States. This paper assesses what happened in 2018 and attempts to explain why. It first constructs a new measure of special tariff protection to put the sheer scope and coverage of the 2018 actions into historical context. It then uses the lens provided by the 2018 special tariffs to explain the key sources of economic and policy friction between the two countries. This includes whether China’s state-owned enterprises and industrial subsidies, as well as China’s development strategy and system of forc- ibly acquiring foreign technology, were imposing increasingly large costs on trading partners. Finally, it also examines whether the US strategy to provoke a crisis—which may result in a severely weakened World Trade Organization— was deliberate and out of frustration with the institution itself. JEL Code: F13 Keywords: Trade war, tariffs, retaliation, WTO Chad P. Bown is the Reginald Jones Senior Fellow at the Peterson Institute for International Economics. Author’s Note: A revised version of this paper is forthcoming in the China Economic Journal. Thanks to Eva Zhang for outstanding research assistance, William Melancon and Melina Kolb for assistance with graphics, and to Peter Schott and Judith Dean for assistance with data. I am also grateful for useful discussions and comments on an earlier draft from William Cline, Anabel Gonzalez, Egor Gornostay, Julien Gourdon, Bernard Hoekman, Gary Hufbauer, Brad Jensen, Soumaya Keynes, Maury Obstfeld, Tom Prusa, and Steve Weisman. -
Oral Evidence: the Covid-19 Pandemic and International Trade, HC 286
International Trade Committee Oral evidence: The Covid-19 pandemic and international trade, HC 286 Friday 5 June 2020 Ordered by the House of Commons to be published on 5 June 2020. Watch the meeting Members present: Angus Brendan MacNeil (Chair); Robert Courts; Mark Garnier; Paul Girvan; Sir Mark Hendrick; Mark Menzies; Martin Vickers; Matt Western; Mick Whitley; Craig Williams. Questions 216 – 238 Witnesses I: Soumaya Keynes, Trade and Globalisation Editor, The Economist Magazine; Professor Simon J. Evenett, Professor of International Trade and Economic Development, University of St. Gallen; and Marianne Petsinger, Senior Research Fellow, US and the Americas Programme, Royal Institute of International Affairs. II: Alan Wolff, Deputy Director-General, World Trade Organisation; and Peter Ungphakorn, former Senior Information Officer, World Trade Organisation. Examination of witnesses Witnesses: Soumaya Keynes, Professor Evenett, and Marianne Petsinger. Q216 Mark Garnier: Good afternoon to everybody. You would normally be expecting to see Angus MacNeil but, unfortunately, due to technology problems beyond anybody’s control, I am stepping in while he gets himself sorted out. Welcome to this afternoon’s session of the International Trade Select Committee’s inquiry on the effect of Covid-19 on international trade. I will start with some questions to you, Professor Evenett. Your organisation, Global Trade Alert, of which you are the co-ordinator, has been tracking global trade policy responses to the Covid-19 pandemic. What are the key features that are emerging from your data? Professor Evenett: This year there have been 579 trade policy changes that we have documented and, not surprisingly, over 330 of them are in the medical goods and medicines sector. -
Department for International Trade and UK Export Finance: Support for Exports
A picture of the National Audit Office logo Report by the Comptroller and Auditor General Department for International Trade, UK Export Finance Department for International Trade and UK Export Finance: Support for exports HC 574 SESSION 2019–2021 15 JULY 2020 We are the UK’s independent public spending watchdog. We support Parliament in holding government to account and we help improve public services through our high-quality audits. The National Audit Office (NAO) scrutinises public spending for Parliament and is independent of government and the civil service. We help Parliament hold government to account and we use our insights to help people who manage and govern public bodies improve public services. The Comptroller and Auditor General (C&AG), Gareth Davies, is an Officer of the House of Commons and leads the NAO. We audit the financial accounts of departments and other public bodies. We also examine and report on the value for money of how public money has been spent. In 2019, the NAO’s work led to a positive financial impact through reduced costs, improved service delivery, or other benefits to citizens, of £1.1 billion. Department for International Trade, UK Export Finance Department for International Trade and UK Export Finance: Support for exports Report by the Comptroller and Auditor General Ordered by the House of Commons to be printed on 13 July 2020 This report has been prepared under Section 6 of the National Audit Act 1983 for presentation to the House of Commons in accordance with Section 9 of the Act Gareth Davies Comptroller and Auditor General National Audit Office 30 June 2020 HC 574 | £10.00 This report examines Department for International Trade (DIT) and UK Export Finance (UKEF) progress and performance in supporting UK exports. -
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TRADE-2019/02/01 1 THE BROOKINGS INSTITUTION SAUL/ZILKHA ROOM KIMBERLY CLAUSING: THE PROGRESSIVE CASE FOR FREE TRADE AND GLOBALIZATION Washington, D.C. Friday, February 1, 2019 PARTICIPANTS: Introduction and moderator: DAVID WESSEL Senior Fellow and Director, Hutchins Center on Fiscal and Monetary Policy The Brookings Institution Presentation: KIMBERLY CLAUSING Thormund Miller and Walter Mintz Professor of Economics Reed College Panelists: KIMBERLY ELLIOTT Visiting Fellow Center for Global Development SOUMAYA KEYNES U.S. Economics Editor The Economist LORI WALLACH Director, Global Trade Watch Public Citizen * * * * * ANDERSON COURT REPORTING 1800 Diagonal Road, Suite 600 Alexandria, VA 22314 Phone (703) 519-7180 Fax (703) 519-7190 TRADE-2019/02/01 2 P R O C E E D I N G S MR. WESSEL: Good morning. Welcome to Brookings and the Hutchins Center on Fiscal and Monetary Policy. I'm impressed to see that all of you have braved what passes for a blizzard in Washington. (Laughter) I want to assure you we have plenty of facilities here if you get trapped because we have an inch and a half of snow. We can take care of you for a few hours. I'm very pleased today to be helping celebrate Kim Clausing's new book, "Open: The Progressive Case for Free Trade, Immigration and Global Capital." The timing couldn't be better. We are, I think since the -- even before the last presidential election, engaged in a huge debate about whether globalization, immigration, free trade, flows of global capital are (a) responsible for everything good that's happened to the U.S. -
Ministerial Departments CABINET OFFICE March 2021
LIST OF MINISTERIAL RESPONSIBILITIES Including Executive Agencies and Non- Ministerial Departments CABINET OFFICE March 2021 LIST OF MINISTERIAL RESPONSIBILITIES INCLUDING EXECUTIVE AGENCIES AND NON-MINISTERIAL DEPARTMENTS CONTENTS Page Part I List of Cabinet Ministers 2-3 Part II Alphabetical List of Ministers 4-7 Part III Ministerial Departments and Responsibilities 8-70 Part IV Executive Agencies 71-82 Part V Non-Ministerial Departments 83-90 Part VI Government Whips in the House of Commons and House of Lords 91 Part VII Government Spokespersons in the House of Lords 92-93 Part VIII Index 94-96 Information contained in this document can also be found on Ministers’ pages on GOV.UK and: https://www.gov.uk/government/publications/government-ministers-and-responsibilities 1 I - LIST OF CABINET MINISTERS The Rt Hon Boris Johnson MP Prime Minister; First Lord of the Treasury; Minister for the Civil Service and Minister for the Union The Rt Hon Rishi Sunak MP Chancellor of the Exchequer The Rt Hon Dominic Raab MP Secretary of State for Foreign, Commonwealth and Development Affairs; First Secretary of State The Rt Hon Priti Patel MP Secretary of State for the Home Department The Rt Hon Michael Gove MP Minister for the Cabinet Office; Chancellor of the Duchy of Lancaster The Rt Hon Robert Buckland QC MP Lord Chancellor and Secretary of State for Justice The Rt Hon Ben Wallace MP Secretary of State for Defence The Rt Hon Matt Hancock MP Secretary of State for Health and Social Care The Rt Hon Alok Sharma MP COP26 President Designate The Rt Hon -
Why Trump Shot the Sheriffs: the End of WTO Dispute Settlement 1.0
WORKING PAPER 20-4 Why Trump Shot the Sheriffs: The End of WTO Dispute Settlement 1.0 Chad P. Bown and Soumaya Keynes March 2020 ABSTRACT On December 10, 2019, the WTO’s 25-year-old system of resolving disputes Chad P. Bown is the Reginald Jones Senior broke down. This paper explains why. It describes the dysfunctional system that Fellow at the Peterson preceded the WTO, when the United States dealt with politically troublesome Institute for International imports by using voluntary export restraints and increasingly resorted to the Economics. Soumaya Keynes is the Trade and “aggressively unilateral” Section 301 policy to resolve trade concerns. The WTO Globalisation Editor at was a compromise between the rest of the world and the United States, whereby The Economist. the latter accepted some constraints with the expectation that the new system of binding dispute settlement would serve its interests. But although the creation of the WTO resolved some concerns about American unilateralism in the short term, its system of handling disputes turned out to be politically unsustainable. JEL: F13 Keywords: WTO, dispute settlement, Appellate Body, antidumping, trade remedies Authors’ Note: This paper derives from our keynote address at the 20th Judicial Conference of the United States Court of International Trade on November 18, 2019. A revised version is forthcoming in the Journal of Policy Modeling. For helpful suggestions and discussions, we thank Anabel González, Egor Gornostay, Jennifer Hillman, Bernard Hoekman, Robert Koopman, Simon Lester, Petros Mavroidis, Marcus Noland, Jeff Schott, Nicolas Véron, Steve Weisman, and participants at the ASSA 2020 meetings in San Diego. -
2020 Report to the U.S. Congress on Global Export Credit Competition for Calendar Year 2019
REPORT TO THE U.S. CONGRESS ON GLOBAL EXPORT CREDIT COMPETITION June 2021 For the period January 1, 2020 through December 31, 2020 Responding to Challenges of COVID-19 in 2020 EXIM Vision Keeping America Strong: Empowering U.S. Businesses and Workers to Compete Globally Table of Contents Board of Directors and Advisory Committee Status ........................................................................................................2 From the First Vice President and Vice Chairman (Acting) .............................................................................................3 EXIM 2020-2021 Advisory Committee Statement on the EXIM Competitiveness Report ................................6 2020-2021 EXIM Advisory Committee Members .......................................................................................................... 15 2020-2021 EXIM Chairman's Council on China Competition Members .................................................................. 16 2020-2021 EXIM Sub-Saharan Africa Advisory Committee Members ...................................................................17 Executive Summary .................................................................................................................................................................. 18 Introduction ................................................................................................................................................................................. 21 Section A: Trends in Official Medium- and Long-term (MLT) -
UK Export Finance – Annual Report and Accounts 2020-21
Annual Report and Accounts 2020-21 Export Credits Guarantee Department (UK Export Finance) Annual Report and Accounts 2020-21 Annual Report presented to Parliament pursuant to section 7(5) of the Export and Investment Guarantees Act 1991. Accounts presented to the House of Commons pursuant to section 6(4) of the Government Resources and Accounts Act 2000. Accounts presented to the House of Lords by Command of Her Majesty. Ordered by the House of Commons to be printed on 22 June 2021. This is part of a series of departmental publications which, along with the Main Estimates 2020-21, the document Public Expenditure: Statistical Analyses 2020-21, and the Supply Estimates 2020-21: Supplementary Budgetary Information, present the government’s outturn for 2020-21 and planned expenditure for 2021-22. HC 400 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at gov.uk/official-documents. Any enquiries regarding this publication should be sent to us at [email protected]. ISBN 978-1-5286-2680-4 CCS0621723900 06/21 Printed on paper containing 75% recycled fibre content minimum. Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office. In loving memory of Robin -
Corporate Structure and Governance of Export Credit Agencies: a Ukef Overview
Financial Law No. 18 (2)/2020 Review UNIVERSITY OF GDAŃSK • MASARYK UNIVERSITY • PAVEL JOZEF ŠAFÁRIK UNIVERSITY • UNIVERSITY OF VORONEZH http://www.ejournals.eu/FLR ∗ WAEL SAGHIR CORPORATE STRUCTURE AND GOVERNANCE OF EXPORT CREDIT AGENCIES: A UKEF OVERVIEW Abstract Export Credit Agencies have been playing an increasing role in promoting international trade and foreign investment. These agencies differ in their ownership structure and in their governance. Similarly, the importance of applying proper corporate governance has been increasing rapidly. Profit and non-profit institutions are being under pressure to protect shareholders’ interest and employees’ rights and to act in a responsible manner without being all about blind-folded profit maximization. For that, this paper thoroughly examines the ownership structure and governance of the UK Export Finance (UKEF) and how it adheres by corporate governance rules. The paper, through analyzing primary and secondary data, aims to emphasize that there is room for improvement in the current corporate governance model followed by the UKEF. Key words: Corporate Governance, Export Credit Agencies, Corporate Structure JEL Classification: L32 ∗ PhD. Junior Fellow and Lead for the International Trade and Finance Think Tank and Visiting Lecturer in the United Kingdom. International Consultant with active membership in the Society of Legal Scholars, London Court of International Arbitration and the Swiss Arbitration Association under 40. Expert in international business and financial law. Contact email: [email protected]. Corporate Structure and Governance… 2 1. Introduction Foreign investment and international trade are increasingly playing a role in stimulating national and international economies. Many exporting states saw in the creation of these agencies a mean in which these agencies and opportunity to allow exporters and investors reach international markets that were once deemed too risky for them. -
England & Wales Chapter
Project Finance 2021 A practical cross-border insight into project finance 10th Edition Featuring contributions from: ABNR Counsellors at Law GB2A AVOCATS Pillsbury Winthrop Shaw Pittman LLP Abuka & Partners gbk Legal Partnership Prager Dreifuss Ltd. Allen & Gledhill LLP Global Law Office Rahmat Lim & Partners Allen & Gledhill (Myanmar) Co., Ltd. Kantenwein Raposo Bernardo & Associados BarentsKrans Lee and Li, Attorneys-at-Law Rebaza, Alcázar & De Las Casas Canales Milbank LLP Sardelas Petsa Law Firm Cirio Advokatbyrå AB Mori Hamada & Matsumoto Tadesse Kiros Law Office Dal Pozzo Advogados N. Dowuona & Company Estudios Palacios Lleras S.A.S. Pekin | Bayar | Mizrahi Table of Contents Expert Analysis Chapters Why the World Needs Project Finance (and Project Finance Lawyers…) 1 John Dewar, Milbank LLP Using Project Finance for Hydrogen Applications 8 Mona E. Dajani, Pillsbury Winthrop Shaw Pittman LLP Q&A Chapters Brazil Mexico 15 Dal Pozzo Advogados: Augusto Neves Dal Pozzo & 139 Canales: Emilio Sáenz, Ana C. Decanini & Bernardo Renan Marcondes Facchinatto Canales Fausti China Myanmar 23 Global Law Office: Dr. Xin Zhang & Shuhui Luo 147 Allen & Gledhill (Myanmar) Co., Ltd.: Minn Naing Oo & Lee Jun Yee Colombia 32 Estudios Palacios Lleras S.A.S.: Ángel Castañeda Netherlands Manrique, Sylvia Torres & Diana Sofía Díaz 155 BarentsKrans: Jason van de Pol England & Wales Nigeria 41 Milbank LLP: John Dewar & Munib Hussain 165 Abuka & Partners: Patrick C. Abuka & Sunday Edward, Esq. Ethiopia 60 Tadesse Kiros Law Office: Serkalem Eshetie & Peru Tadesse Kiros 175 Rebaza, Alcázar & De Las Casas: Luis Miguel Elias & Ana María Sánchez Acosta France 69 GB2A AVOCATS: Grégory Berkovicz & Pascal Deniau Portugal 183 Raposo Bernardo & Associados – Sociedade de Germany 78 Advogados, SP, RL: Nelson Raposo Bernardo, Joana Kantenwein: Marcus van Bevern & Sven Ceranowski Andrade Correia & Manuel Esteves de Albuquerque Ghana 86 Singapore N.