Policy paper 225
Saving the WTO Appellate Body or returning to the Wild West of trade?
A year ago, the world was still wondering whether to expect a hard Trump or a soft Trump, and whether the new US president would be ready to adopt aggressive unilateral measures to balance the American trade deficit. Now, in the face of punitive measures targeting a specific product or country, and alternations between sanctions and concessions, the countries most exposed are adjusting their own retaliation measures.
Beyond this, European concerns are relate to Donald Trump’s desire to either disentangle himself from multilateral trade rules, or his destabilisation strategy to strengthen the disciplines of the World Trade Organization (WTO).
Will the US continues to block the appointment of judges at the WTO’s Appellate Body, the cornerstone of international trade regulation, to the point that they could blow up the dispute settlement system? In that case, one would have to brace for a trade war. Trade would no longer be rule-bound: we would be back in a Wild West replete with no-holds-barred showdowns. Or could the United Stated – along with the European Union, Japan and others – be serious about tackling the distortions that Chinese state capitalism is causing in the global economy, and that are having a more decisive impact on the US trade deficit?
The WTO needs its two legs: litigation and negotiation. It is by bringing China to the negotiating table that we can restore the confidence of the United States in the ability of the WTO to enforce fair rules. This would enable the litigation component to continue to playing its role in reducing trade tensions.
This policy paper, by Elvire Fabry, senior research fellow at the Jacques Delors Institute, and Erik Tate, research assistant at the Jacques Delors Institute, examines Washington’s criticisms of the Appellate Body, reviews the procedural reforms that could improve its operation, and advocates multilateral disciplines that should be more tightly enforced so that dispute settlement mechanisms facilitate fair trade. If the US President’s vision turned out to be more short-termist, it would be up to Europe and the other major powers to preserve a plurilateral regulatory framework, which would be all the more needed to counter the new disruptive factor that the United States would become.
SUR LE MÊME THÈME
ON THE SAME THEME
PUBLICATIONS
Making migrant returns a pre-condition of trade openness

TOWARDS A EUROPEAN HEALTH UNION

Strategic Autonomy
in Post-Covid Trade Policy

MÉDIAS
MEDIAS
POURQUOI LE G20 EN INDONÉSIE S’ANNONCE SOUS HAUTE TENSION

Nouvelle querelle commerciale entre l’Europe et les Etats-Unis autour des voitures électriques

Thomas Pellerin-Carlin (Institut Jacques Delors) : G7, comment plafonner les prix du pétrole russe ?

ÉVÉNEMENTS
EVENTS
Euroquestions | EU-China relations: rivals, competitors, partners? [FR]

Euroquestions | Which European response to the US Inflation Reduction Act (IRA)?

Académie Notre Europe – L’Europe Commerciale et de la Défense

Multilateralism at stake Europe, global powers, regional organizations and UN system reform

Le monde en crises : impacts de la COVID-19 sur le commerce international

WEBINAR | What do we need a World Trade Organization for?

WEBINAR | A European Border Carbon Adjustment proposal

Quel rôle pour l’Europe dans un monde post-Covid ?

Greening the EU trade policy

Rupture or Reorder?

AmCham Confidential

Tunis, 3 may 2019 — Tunisia’s challenges and responses to threats to multilateralism

Madrid, 10 April 2019 – European Think Thank Summit

Paris, 10 January 2019 – The EU and the new silk roads

3 December 2018 – Is Brexit Reversible?

Brussels, 27 November 2018 – EU Trade Policy Day

Bordeaux, 23 November 2018 – EU trade policy: can we control globalization?

Brussels, 16 October 2018 – EU trade policy in 2019 and beyond

Paris, 15 October 2018 – Will the EU become a world power?

Paris, 10 October 2018 – What is Europe for? Myths and realities

Paris, 3 October 2018 – Beyond Trade Wars: From Free Trade to Fair Trade

Paris, 21 September 2018 – Trump, Brexit and the new challenges of European trade policy: is the European response adapted?

Paris, 12 September 2018 – Presentation of the book “L’économie mondiale 2019” of the CEPII

Brussels, 22 June 2018 – The multipolar world order, the EU and the multilateral system

Clichy, 19 June 2018 – How to make Europe the world economic leader?

Paris, 11 June 2018 – Round table on Brexit

Brussels, 8 June 2018 – EU Trade policy in a multilateral trading system under threat

Paris, 1st June 2018 – European Trade Policy

Strovolos, 1 June 2018 – Annual Lecture in Economics: Harnessing Globalisation

Berlin, 28 May 2018 – Global Solutions Summit

Paris, 16 May 2018 – Global Markets

Paris, 24 April 2018 – Trump, Brexit: Globalisation in crisis?

Paris, 12 April 2018 – France and Europe in globalisation

Beijing, 11 April 2018 – Reform of State-Owned Enterprises (SOEs)

Beijing, 11 April 2018 – The new Reform Agenda : Government vs. the Market

Paris, 4 April 2018 – Brexit : last months of negotiation

Beijing, 26 March 2018 – Will the World Fight a Trade War?

Beijing, 25 March 2018 – Pursuing Opening-up on All Fronts

Beijing, 24 March 2018 – A New Agenda for the World Economy

Paris, 15 March 2018 – A year before Brexit: What to do? How to do it?

Brussels, 23 February 2018 – CEPS Idea Lab

Geneva, 19 February 2018 – Trade: Headwinds or Maelstrom?

Paris, 15 February 2018 – Green Controversy

The Hague, 25 January 2018 – Managing Globalisation – EU Trade Policy in the Trump Era

London, 18 January 2018 – Launch of the Trade Knowledge Exchange

Brussels, 30 November 2017 – The Future of EU Trade Policy

Paris, 29 November 2017 – The new Political Economy of the European trade policy

Paris, 22 November 2017 – Between free-trade and a protectionist temptation

Le Chesnay, 20 May 2017 – Trump and the future of the European trade policy

Brussels, 24 January 2017 – The Future of the Trade

Paris, 14 December 2016 – What future for international trade?

Beijing, 2 Decembre 2016 – The Challenges of World Trade

Brussels, 6 September 2016 – New generation of free trade agreements: the challenges for the future?

Alpbach, 29 August 2016 – Boosting Trade and Protecting the Earth: A Catch 22 for the 21st Century?

Paris, 5th July 2016 – Will TTIP and CETA help SMEs to get into the US and Canadian Markets?

Paris, 14 June 2016 – TTIP: a dangerous project or a partnership for the future?

London, 7 June 2016 – 2016 and the politics of trade and globalisation
