scholarly journals A Really Big Button That Doesn’t Do Anything? The Anti-NME Clause in US Trade Agreements Between Law and Geoeconomics

2020 ◽  
Vol 23 (1) ◽  
pp. 45-64
Author(s):  
Geraldo Vidigal

Abstract The United States-Mexico-Canada Agreement (USMCA) features a clause, dubbed ‘anti-China’, which sets out legal consequences in case one of the parties negotiates or enters into a free trade agreement (FTA) with a nonmarket economy (NME). A similarly worded objective appears among the negotiating objectives of the US for FTAs with the European Union, Japan, and the United Kingdom. This article examines the anti-NME clause, arguing that its concrete legal consequences are less relevant than its symbolic effects. The USMCA clause itself is difficult to replicate in bilateral agreements, since it depends on cooperation between the two nonsigning parties. Its operation is nonetheless similar to that of two unilateral remedies available under the law of treaties, permitting a reasonable assessment that the clause, if it follows its original design, will aim to permit termination of bilateral US FTAs in response to the other party entering into an NME FTA. While such a clause would offer little in terms of concrete effects if added to agreements that already permit unilateral withdrawal, its greatest value may not be in its legal effects but in its legitimating and signaling properties, which push USMCA parties to establish a common front in the ‘geoeconomic’ dispute between the United States and China.

2019 ◽  
Vol 20 (5) ◽  
pp. 680-704 ◽  
Author(s):  
Federico Ortino ◽  
Emily Lydgate

Abstract The number of international agreements purporting to liberalise trade, mainly focused on reducing protectionist measures through the imposition of general principles, has increased greatly over the last 25 years. More recently, the United States and the European Union (EU) concluded comprehensive agreements covering trade in goods, trade in services, and foreign investment. This article inquires whether, and the extent to which, such agreements represent a departure from previous practice. It focuses on (a) the instruments employed to address domestic regulation affecting trade in services and (b) three specific agreements concluded between 2016 and 2018: the EU-Canada Comprehensive Economic and Trade Agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the United States-Mexico-Canada Agreement. While these recent Preferential Trade Agreements put forward novel approaches to regulatory diversity affecting trade in services, it is too early to ascertain whether these will have any ground-breaking impact in terms of services trade liberalisation.


2018 ◽  
Vol 14 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Baldur Thorhallsson

The aim of this paper is to determine Iceland’s foreign policy options in relation to shelter theory. Iceland has been seeking political and economic shelter ever since the United States deserted it in 2006, by closing its military base, and in 2008, by refusing to provide it with assistance following its economic collapse. Iceland has made several new security and defence arrangements with its neighbouring states, applied for membership of the European Union and was the first European country to make a free-trade agreement with China. Moreover, the president of Iceland pressed for closer political and economic ties with Russia. Prominent Icelandic politicians frequently claim that Brexit will create a number of opportunities for Iceland and lead to closer cooperation with Britain. However, Iceland has not yet secured shelter of an extent comparable to what it had enjoyed from the United States. In this paper, we will answer questions such as: What does shelter theory tell us about Iceland’s overseas relations with the US, NATO, the EU, Britain, Russia, China, and the Nordic states? Will Iceland receive more reliable shelter provided by multilateral organizations than by a single shelter provider?


2020 ◽  
Vol 25 (3) ◽  
pp. 27-42
Author(s):  
Rett R. Ludwikowski ◽  

The main goal of this article is to present to the European reader the implications of the unstable relationships between the United States and an integrated Europe. The article focuses on the trade relations between the US and Europe in the globalization era. It explains the meaning of some basic terms used by trade experts, such as globalization, regionalization, glocalization, and strategic trade. The author also tries to explore the reasons for the recent crisis of global trade. The main part of the paper reviews the major disputes between these two regions which resulted in postponing of the negotiations of the Trans-Atlantic Free Trade Agreement. As we have observed in the introduction of the article, the relationships between the European Union and the United States have always been complicated and the article presents the main reasons for these disagreements. In a time of renewed Trans-Atlantic negotiations, pro-American sentiments in Europe grew stronger, and European experts on trade and politics emphasized that the US significantly increased support for the European Deterrence Initiative (EDI). Still, with comments repeated by President Trump many times that “Europe needs its own army”, the European media began warning the readers that the crisis in US-EU relations may soon return.


Subject US trade policy after the China and USMCA deals. Significance US President Donald Trump approved the United States-Mexico-Canada Agreement (USMCA) on January 29 after Mexico approved it in December. Canada will almost certainly approve it, having begun the ratification process on January 27. The USMCA signing, coming soon after Chinese and US officials signed phase one of their trade agreement on January 16, is the most significant activity on international trade thus far by the US administration. Impacts US trade policy will continue to focus on bilateral deals. Trump benefits politically from attacking US trade imbalances, which his supporters view as having only hurt US industry and commodities. Trump may see the USMCA and China deals as fleeting successes; he might redouble his efforts and pursue stricter deals if re-elected.


Publications ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 18
Author(s):  
Mauro G. Carta ◽  
Matthias C. Angermeyer ◽  
Silvano Tagliagambe

The purpose is to verify trends of scientific production from 2010 to 2020, considering the best universities of the United States, China, the European Union (EU), and private companies. The top 30 universities in 2020 in China, the EU, and the US and private companies were selected from the SCImago institutions ranking (SIR). The positions in 2020, 2015, and 2010 in SIR and three sub-indicators were analyzed by means of non-parametric statistics, taking into consideration the effect of time and group on rankings. American and European Union universities have lost positions to Chinese universities and even more to private companies, which have improved. In 2020, private companies have surpassed all other groups considering Innovation as a sub-indicator. The loss of leadership of European and partly American universities mainly concerns research linked to the production of patents. This can lead to future risks of monopoly that may elude public control and cause a possible loss of importance of research not linked to innovation.


2020 ◽  
Vol 3 (1) ◽  
pp. 47-55
Author(s):  
Mohamad Zreik

AbstractThe Chinese Ministry of Commerce issued a statement Friday morning, July 6, 2018, confirming the outbreak of a trade war between the United States and China. The statement came after the United States imposed tariffs on many Chinese goods, in violation of international and bilateral agreements, and the destruction of the concept of free trade which the United States calls for following it. It is a war of opposite directions, especially the contradiction between the new Trump policy and the Chinese approach. The proof is what US Defense Secretary James Matisse announced in Singapore in early June 2018 of “the full strategy of the new United States, in the Indian Ocean and the Pacific,” where China was the “sole enemy of the United States” in China’s geostrategic region. Intentions have become publicized, and trade war between the two economic giants is turning into a reality. This paper will give an overview of the US-China scenario of trade war, then a focused analysis on the Trump’s administration economic decision regarding China, and the consequences of this decision.


2021 ◽  
Author(s):  
Sebastian Biba

Abstract As the Sino-American Great Power competition continues to intensify, newly-elected US President Joe Biden's administration now seeks to enlist the support of its allies and partners around the world. As Europe's largest economy and a, if not the, leading voice within the European Union, Germany represents an important puzzle-piece for Biden. But Germany, at least under outgoing chancellor Angela Merkel, has been reluctant to take sides. It is against this backdrop that this article looks into Germany's past and present trilateral relationships with the US and China through the theoretical lens of the so-called strategic triangle approach. Applying this approach, the article seeks to trace and explain German behaviour, as well as to elucidate the opportunities and pitfalls that have come with it. The article demonstrates that Germany's recently gained position as a ‘pivot’ (two positive bilateral relationships) between the US and Chinese ‘wings’ (positive bilateral relations with Germany and negative bilateral relations with each other) is desirable from the perspective of the strategic triangle. At the same time, being pivot is also challenging and hard to maintain. Alternative options, such as entering a US–German ‘marriage’ directed against China, are also problematic. The article therefore concludes that Germany has tough decisions to take going forward.


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