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Atlas Shrugged: The U.S. Fatigue with Being the Market of Last Resort

Published online by Cambridge University Press:  22 March 2019

Elizbeth Baltzan*
Affiliation:
American Phoenix Trade Consulting.

Extract

The Trump administration has made no secret about its frustration with the World Trade Organization (WTO). Campaign rhetoric is being channeled into policy. The United States is single-handedly strangling the Appellate Body by blocking appointment of new members and complaining about those who are holding over past their terms. The latest WTO ministerial resulted in no deals. An administration that touts enforcement has largely eschewed filing WTO complaints. The president's imposition of duties pursuant to Section 232 of the Trade Expansion Act of 1962 (Section 232) is a manifestation of deeper concerns with the asymmetry that was built into the global trading system—asymmetry the United States encouraged at the time. That asymmetry contributed to the U.S. status as the market of last resort: the destination of choice for excess production, with adverse consequences for domestic producers of similar goods.

Type
Challenges and Opportunities for International Trade Law Practice
Copyright
Copyright © by The American Society of International Law 2019 

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Footnotes

This panel was convened at 3:00 p.m., Friday, April 6, 2018, by its moderator, Greg Shaffer of the University of California, Irvine, who introduced the panelists: Elizabeth Baltzan of American Phoenix Trade Consulting; Timothy Brightbill of Wiley Rein LLP; Jeanne Davidson of the U.S. Department of Justice Office of Foreign Litigation; and Irving Williamson of the U.S. International Trade Commission.

References

1 Rosalind Mathieson, U.S. Block of WTO Appeals Body Compromises System, Director Says, Bloomberg (Nov. 8, 2017), at https://www.bloomberg.com.

2 Luc Cohen & David Lawder, WTO Meeting Ends in Discord, Ministers Urge Smaller-Scale Trade Talks, Reuters (Dec. 13, 2017), at https://www.reuters.com.

3 Beth Baltzan, Why Is the Trump Administration So Mad at the WTO?, Amer. Phoenix (Feb. 1, 2018), at http://americanphoenixpllc.com/trump-administration-mad-wto.

4 Communication from the United States,World Trade Organization (June 19, 2006), available at http://trade.ec.europa.eu/doclib/docs/2006/august/tradoc_129914.pdf.

5 Peter S. Goodman, In Era of Trump, China's President Champions Economic Globalization, N.Y. Times (Jan. 17, 2017), at http://www.nytimes.com.

6 Beth Baltzan, How to Think About China (Hint: It's Not Just Trade), Amer. Phoenix (Jan. 11, 2018), at http://americanphoenixpllc.com/trade-policy-china-hint-not-just-trade.

7 See Beth Baltzan, The China Meme, Amer. Phoenix (Nov. 30, 2017), at http://americanphoenixpllc.com/the-china-meme.

8 Douglas A. Irwin, Clashing over Commerce: A History of U.S. Trade Policy 404–05 (2017).

9 Bill Hutchinson & Rebecca Jarvis, Dow Tumbles More than 400 Points amid Trump Tariff Crackdown, ABC News (Mar. 1, 2018), at www.abcnews.go.com.

10 Matt Egan, Dow Sheds More than 1,100 Points in Two Days as Trade Jitters Rock Wall Street, CNN (Mar. 23, 2018), at http://money.cnn.com.

11 Ben Levisohn, Dow Drops 1000 Points, Barrons (Feb. 5, 2018), at https://www.barrons.com.

12 Isabelle Hoagland, Labor Sources: Mexican Senate Bill Could Undermine New NAFTA Standards, Inside Trade (Mar. 27, 2018), at https://insidetrade.com.

13 U.S., Colombian Unions File Complaint Under FTA Labor Chapter, Levin Concurs, Inside Trade (May 17, 2016), at https://insidetrade.com.

14 The Super-Rich Are Different: They Pay Less Tax, Economist (Jun 1, 2017), at https://www.economist.com.

15 David H. Autor, David Dorn & Gordon H. Hanson, The China Shock: Learning from Labor-Market Adjustment to Large Changes in Trade, available at https://www.ddorn.net/papers/Autor-Dorn-Hanson-ChinaShock.pdf.

16 Baltzan, supra note 3.