Trade Laws, GATT and the Management of Trade Disputes between the US and the EEC

Some of the legal analysis in this study derives from joint work between Robert Howse and Susan Esserman on this ruling, “Trade disputes quire fairer arbitration,” FT.com, Sep 12, 2002This chapter discusses the decision by the arbitrator on suspension of concessions (“retaliation”) in the dispute between the US and the EU regarding the tax treatment of offshore corporate income under US legislation. By way of background, the first part of the chapter (section 2) describes the operation of the US scheme, including as revised after the first round of WTO rulings.

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RENEWABLE ENERGY AND TRADE DISPUTES: IMPLICATIONS ON SOLAR PHOTOVOLTAIC MANUFACTURING IN MALAYSIA

PLANNING MALAYSIA JOURNAL ◽

10.21837/pmjournal.v15.i6.222 ◽

2017 ◽

Vol 15 (1) ◽

Author(s):

Nee Au Yong Hui ◽

Lim Tan Kock

Keyword(s):

Renewable Energy ◽

Energy Supply ◽

The United States ◽

Solar Photovoltaic ◽

The European Union ◽

Solar Pv ◽

Green Jobs ◽

Trade Disputes ◽

Energy Mix ◽

The Us

Malaysia has realised the importance of renewable energy (RE) in the energy mix and continuously reviewing its energy policy to ensure sustainable energy supply. The use of RE is among the options although the RE capacity is still underutilized. Malaysia achieves 5.5% share of RE in the energy mix by 2015, and the RE sector is expected to double by 2020 with strong growth in the solar photovoltaic (PV), biomass and biogas markets. Beyond 2020, it is predicted that solar energy will surpass all other forms of RE for Malaysia and other countries, and the solar power will be the long term source of energy supply. After an investigation on the RE policy, the domestic solar PV manufacturing scenario is elaborated in this paper. This includes the solar PV manufacturing, issues and trade disputes, and the way forward. Among the key findings from this paper include: the foreign direct investment (FDI) related to RE sector especially from the US and lately China, have increased rapidly, and more ‘green' jobs in the solar PV manufacturing and installation sectors have been created. With the existence of trade disputes between the United States and the European Union with China, Malaysia has the potential to reap benefits with the inflow of direct investments from China. Nevertheless, the future incidence of RE trade disputes is still uncertain.

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How to Deal with the Increasing Risk of Sino-US Cold War

Global Journal of Management and Business Research ◽

10.34257/gjmbrbvol20is8pg1 ◽

2020 ◽

pp. 1-11

Author(s):

Zou Lixing

Keyword(s):

Cold War ◽

International System ◽

Trade Disputes ◽

Systematic Analysis ◽

System Building ◽

The Us ◽

Related Stigma ◽

Increasing Risk ◽

The Impact ◽

Systematic Thinking

With the increasingly complicated, sensitive and perilous Sino-US relations amid the COVID-19 pandemic, it requires a historical, comprehensive and systematic thinking to deal with the increasing risk of Sino-US cold war. This paper conducted some preliminary and systematic analysis into the crux and the approaches to resolve the tensions. At such a critical juncture of the Sino-US relations, the crux of problems is manifested in the following aspects: coronavirus-related stigma; all-round trade disputes; politicization of trade; complication of politics; directly targeted strategy; deteriorating corporate and social base; ideological radicalization. The principal contradictions are those incurred by different national strategic interests. The US is worried about being replaced by China and the impact of China’s “nationwide system” on the current international system. On the other hand, China is worried about the US’ interference into its internal affairs, system building and national reunification, as well as the US’ efforts to contain China’s development.

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Struggles in the WTO’s dispute settlement procedures: focused on the US power dominance

Journal of Korea Trade ◽

10.1108/jkt-12-2016-021 ◽

2016 ◽

Vol 20 (4) ◽

pp. 383-397

Author(s):

Youngmin Kwon

Keyword(s):

Dispute Settlement ◽

Developing Nations ◽

Trade Disputes ◽

Content Type ◽

Logit Regression ◽

Legal Challenges ◽

The Us ◽

Dispute Settlements ◽

Developed Nations ◽

The Eu

Purpose The purpose of this paper is to investigate differences among member groups, with more detailed division of groups than the existing literatures, during the WTO’s dispute settlement procedures. Design/methodology/approach Trade disputes requested through the WTO’s DSU regimes up until 2011 were statistically described and analyzed using logit regression models. Findings Despite capacity gaps, developing nations have encountered stronger legal challenges from the US and, although without much capacity gaps, similar patterns of litigation rivalries between the US and other advanced countries, with the exception of the EU, have been also found during dispute settlements in the WTO regimes. Research limitations/implications Although the DSU procedures themselves might not be biased for/against certain member groups, there has been some evidence of the struggles of weaker opponent groups of the US during the actual litigation processes. Originality/value Power dominances of the US against developing nations as well as developed nations, other than the EU, have been neglected in many previous researches on the topic with a simple developed-developing dichotomy classification.

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Boomerangs over Lac Léman: Transnational Lobbying and Foreign Venue Shopping in WTO Dispute Settlement

World Trade Review ◽

10.1017/s1474745614000500 ◽

2015 ◽

Vol 14 (3) ◽

pp. 507-530 ◽

Cited By ~ 14

Author(s):

JAPPE ECKHARDT ◽

DIRK DE BIÈVRE

Keyword(s):

World Trade ◽

Dispute Settlement ◽

Trade Disputes ◽

Public Authorities ◽

Classical World ◽

Wto Dispute Settlement ◽

Foreign Government ◽

The Us ◽

Venue Shopping ◽

The Eu

AbstractIn this article, we explore the conditions under which firms engage in transnational lobbying and foreign venue shopping in the framework of WTO dispute settlement. Classical World Trade Organization (WTO) dispute settlement cases mostly originate in domestic firms instigating their public authorities to bring a complaint against foreign trade barriers incompatible with WTO law. In recent years, however, we have witnessed the rise of WTO cases in which firms get a foreign government to file a case against its own authorities. By analysing transnational lobbying by EU firms in the WTO footwear case filed by China against the EU, and by US firms in the WTO gambling case Antigua brought against the US, we highlight the increasing resemblance between trade disputes and investment disputes.

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