Trade Talks, with Soumaya Keynes & Chad P. Bown
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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. -
Section 232 of the Trade Expansion Act of 1962: Industrial Fasteners, Machine Tools and Beyond David D
Maryland Journal of International Law Volume 10 | Issue 1 Article 4 Section 232 of the Trade Expansion Act of 1962: Industrial Fasteners, Machine Tools and Beyond David D. Knoll Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mjil Part of the International Law Commons Recommended Citation David D. Knoll, Section 232 of the Trade Expansion Act of 1962: Industrial Fasteners, Machine Tools and Beyond, 10 Md. J. Int'l L. 55 (1986). Available at: http://digitalcommons.law.umaryland.edu/mjil/vol10/iss1/4 This Article is brought to you for free and open access by DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Journal of International Law by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. SECTION 232 OF THE TRADE EXPANSION ACT OF 1962: INDUSTRIAL FASTENERS, MACHINE TOOLS AND BEYOND By DAVID D. KNOLL B.Com., LL.B University of New South Wales; LL.M University of Michigan; Attorney, Solicitor and Proctor of the Supreme Court of New South Wales; Associate with Jones, Day, Reavis and Pogue, Cleveland, Ohio. I. THE NEED FOR IMPORT CONTROLS AND NATIONAL SE- CURITY IN UNITED STATES LAW ....................... 55 II. THE NEED FOR IMPORT CONTROL PURSUANT TO SECTION 232 OF THE TRADE EXPANSION ACT ................... 56 A . Legislative H istory ............................ 56 B. Deterrence, Security and Free Trade in the 1980s . 59 III. G.A.T.T. IMPLICATIONS OF SECTION 232 .............. 60 IV. DEFINITIONAL ISSUES FOR A SECTION 232 INVESTIGATION 61 V. THE PROCESS OF A SECTION 232 INVESTIGATION ....... 64 VI. -
The COVID-19 Pandemic and International Trade
House of Commons International Trade Committee The COVID-19 pandemic and international trade First Report of Session 2019–21 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 23 July 2020 HC 286 Published on 29 July 2020 by authority of the House of Commons The International Trade Committee The International Trade Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for International Trade and its associated public bodies. Current membership Angus Brendan MacNeil MP (Scottish National Party, Na h-Eileanan an Iar) (Chair) Robert Courts MP (Conservative, Witney) Mark Garnier MP (Conservative, Wyre Forest) Paul Girvan MP (DUP, South Antrim) Sir Mark Hendrick MP (Labour, Preston) Mark Menzies MP (Conservative, Fylde) Taiwo Owatemi MP (Labour, Coventry North West) Martin Vickers MP (Conservative, Cleethorpes) Matt Western MP (Labour, Warwick and Leamington) Mick Whitley MP (Labour, Birkenhead) Craig Williams MP (Conservative, Montgomeryshire) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the internet via www.parliament.uk. Publication © Parliamentary Copyright House of Commons 2020. This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/copyright. Committee reports are published on the Committee’s website at www.parliament.uk/tradecom and in print by Order of the House. Evidence relating to this report is published on the inquiry publications page of the Committee’s website. -
Trade Adjustment Assistance (TAA) and Its Role in U.S
Trade Adjustment Assistance (TAA) and Its Role in U.S. Trade Policy J. F. Hornbeck Specialist in International Trade and Finance August 5, 2013 Congressional Research Service 7-5700 www.crs.gov R41922 CRS Report for Congress Prepared for Members and Committees of Congress Trade Adjustment Assistance (TAA) and Its Role in U.S. Trade Policy Summary Congress created Trade Adjustment Assistance (TAA) in the Trade Expansion Act of 1962 to help workers and firms adjust to dislocation that may be caused by increased trade liberalization. It is justified now, as it was then, on grounds that the government has an obligation to help the “losers” of policy-driven trade opening. TAA is also presented as an alternative to policies that would restrict imports, and so provides assistance while bolstering freer trade and diminishing prospects for potentially costly tension (retaliation) among trade partners. As in the past, critics strongly debate the merits of TAA on equity, efficiency, and budgetary grounds. Nonetheless, finding agreement on TAA remains important for forging a compromise on national trade policy. TAA program authorizations are scheduled to expire on December 31, 2013. The Trade Adjustment Assistance Extension Act of 2013 (S. 1357) was introduced in the 113th Congress. It would extend TAA programs through 2020. President Obama also supports TAA reauthorization, linking it to renewal of Trade Promotion Authority (TPA), which Congress may also take up this year. This report discusses the role of TAA in U.S. trade policy from its inception as a legislative option in the early 1950s to its core role as a cornerstone of modern trade policy that many argue has served to promote the long-term U.S. -
February . 1.1, E X T E N S I 0 N S 0 F R E· M a R
2374 CONGRESSIONAL ~ RECORD-· SENATE February . 1.1, we are hypnotized by' this", -and by overly ,.. It is up- to ..us- who now occupy .om.ce ·· Lt. Gen. Alfred Dodd Starbird, 018961, meticulous: attention-to the question of in the legislative.. and executive branches Army of the United States (brigadier gen of all who 'Of e:tal, U.S. Army). whether or- not the military menace to the Government, ·and have Maj. Gen. William Jonas Ely, 018974, Army us Is inereased or decreased fractionally ficial responsibilities, earnestly to search o! the United States (brigadier general, U.S. by the l)reseoce or absence of certain for an answer to·the problem, and ear .Army). tYPes -or quantities of military forces, nestly and ' honestly apply ourselves in Maj. Gen. Harold Keith Johnson, 019187, it tna.y very well be that we will fail to o.ur respective ways and in keeping with Army of the United States (brigadier gen face up to the basic problem-the fact our obligations to apply policies that eral, U.S. Army) • that international communism has been will meet the problem and bring about a Maj. Gen. Ben Harrell, 019276, Army of is the United States (brigadier general, U.S. established and being maintained in remedy. I know that we can do it. I Arm.y). the Western Hemisphere. believe that we shall do it. I also. believe Maj. Gen. Alden Kingsland Sibley, 018964, The American people, I believe, look that there is no time to ·be lost. Army of the United States (brigadier gen- for a very simple and' fundamental thing Mr. -
Trade War, PPE, and Race
Northwestern Journal of Law & Social Policy Volume 16 Issue 2 Spring Article 2 Spring 4-17-2021 Trade War, PPE, and Race Ernesto A. Hernandez-Lopez Chapman Univ. School of Law, [email protected] Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/njlsp Part of the Civil Rights and Discrimination Commons, Health Law and Policy Commons, Law and Politics Commons, Law and Race Commons, Law and Society Commons, and the Other Public Health Commons Recommended Citation Ernesto A. Hernandez-Lopez, Trade War, PPE, and Race, 16 NW. J. L. & SOC. POL'Y. 43 (2021). https://scholarlycommons.law.northwestern.edu/njlsp/vol16/iss2/2 This Article is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of Law & Social Policy by an authorized editor of Northwestern Pritzker School of Law Scholarly Commons. Copyright 2021 by Ernesto Hernández-López Volume 16 (Spring 2021) Northwestern Journal of Law and Social Policy Trade War, PPE, and Race Ernesto Hernández-López* ABSTRACT Tariffs on Personal Protective Equipment (PPE), such as face masks and gloves, weaken the American response to COVID. The United States has exacerbated PPE shortages with Section 301 tariffs on these goods, part of a trade war with China. This has a disparate impact felt by minority communities because of a series of health inequity harms. COVID’s racial disparity appears in virus exposure, virus susceptibility, and COVID treatments. This Article makes legal, policy, and race-and-health arguments. Congress has delegated to the United States Trade Representative expansive authority to increase tariffs. -
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. -
UAW Special Projects Department Records
UAW Special Projects Department Collection Records, 1945-1973 107 linear feet Accession #646 DALNET # OCLC # In 1957 the UAW created the position of Director of Special Projects and Economic Analysis for Nat Weinberg, who had headed the UAW Research Department since 1947, and he held that position until his retirement in 1974. The UAW Special Projects Department was established as part of the President’s Office and was responsible for advising the president and developing, often within a global framework, program and policy proposals and actions in the economic and collective bargaining fields and in other areas designated by the president. As Special Projects director, Weinberg helped to create innovative programs like the Supplemental Unemployment Benefits (SUB) plan and cost-of-living adjustments. Additional papers related to the files of the UAW Special Projects Department may be found in the Nat Weinberg Collection. The UAW Special Projects and Economic Analysis Department Collection consists of research material, notes, correspondence, minutes, testimony, speeches, press releases, clippings and other published material related to the department’s research, advisory, and speech writing roles as well as to Nat Weinberg’s service as consultant, trustee, or member of numerous organizations and agencies. Important correspondents in the collection: Gardner Ackley Olga Madar Ken Bannon Norman Matthews Jack Barbash Emil Mazey Irving Bluestone Tom Mboya Arthur Burns George Meany George Burt Seymour Melman Bill Casstevens George Merrelli Harry Chester William Milliken Carrol Coburn Donald Montgomery Barry Commoner Ken Morris Jack Conway Ralph Nader Nelson Jack Edwards Joe Rauh Dwight D. Eisenhower Victor G. Reuther Henry Ford II Walter P. -
Section 301 of the Trade Act of 1974: Origin, Evolution, and Use
Section 301 of the Trade Act of 1974: Origin, Evolution, and Use Updated December 14, 2020 Congressional Research Service https://crsreports.congress.gov R46604 SUMMARY R46604 Section 301 of the Trade Act of 1974: Origin, December 14, 2020 Evolution, and Use Andres B. Schwarzenberg Section 301 of the Trade Act of 1974 grants the Office of the United States Trade Representative Analyst in International (USTR) a range of responsibilities and authorities to investigate and take action to enforce U.S. Trade and Finance rights under trade agreements and respond to certain foreign trade practices. From the conclusion of the Uruguay Round of multilateral trade negotiations in 1994, which resulted in the establishment of the World Trade Organization (WTO) in 1995, until the start of the Trump Administration, the United States used Section 301 authorities primarily to build cases and pursue dispute settlement at the WTO. The Trump Administration has shown more willingness to go outside of the WTO to act unilaterally under these authorities to promote what the Administration touts as “free,” “fair,” and “reciprocal” trade. The Trump Administration’s use of Section 301 to impose tariffs as punitive measures has been the subject of congressional and broader international debate, and some in Congress have raised a number of questions regarding USTR’s actions, including the scope of USTR’s authorities, the types of trade actions allowed, and the tariff exclusion process. The Trump Administration has attributed its use of Section 301 to impose tariffs as punitive measures to its determination to close a large and persistent gap between U.S. -
Download the Transcript
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. -
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.