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Begin New Search Political Geography North America Author Jeffrey J. Schott

1. The WTO's Existential Crisis: How to Salvage Its Ability to Settle Trade Disputes

Author:
Jeffrey J. Schott and Euijin Jung
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
US refusal to allow the appointment of new judges (or members) to the World Trade Organization’s Appellate Body—a key component of its renowned dispute settlement system—has pushed the organization into an existential crisis. The Appellate Body no longer has the requisite number of members to hear new cases on appeal. The terms of two of the three remaining members have expired, leaving the WTO without an appeal function. US officials charge that certain Appellate Body decisions on WTO dispute panel rulings have expanded WTO obligations and constrained WTO rights—what trade lawyers call “judicial overreach”—and so they have blocked the appointment of new Appellate Body members until other WTO countries address US complaints. Schott and Jung analyze the WTO cases brought against the United States and find that the problem of judicial overreach seems to surface primarily in a subset of US losses in antidumping and countervailing duty (AD/CVD) cases that target specific methods of calculating dumping margins. They warn that disabling the whole appellate system is a disproportionate response to the specific problem. It will weaken enforcement of WTO obligations and undermine prospects for negotiations to update the WTO rulebook, thus corroding the rules-based trading system, one that has been modeled on US law and practice. A better approach would be to exempt AD/CVD cases from appellate review (while still subjecting them to dispute panel rulings). This targeted change in the WTO Appellate Body process, coupled with procedural reforms already advanced in proposals that have been widely supported by WTO members, could mitigate US concerns and allow the Appellate Body to be repopulated.
Topic:
Government, World Trade Organization, Law, Judiciary, and Trade
Political Geography:
North America and United States of America

2. Revisiting the NAFTA Agenda on Climate Change

Author:
Jeffrey J. Schott and Meera Fickling
Publication Date:
07-2010
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
A year ago, we wrote a policy brief titled Setting the NAFTA Agenda on Climate Change, which explored issues of energy and environmental cooperation among the three North American countries in light of the climate legislation that had recently passed the US House of Representatives. Similar legislation did not pass the Senate, and Congressional leaders are now considering much more modest measures aimed at reducing greenhouse gas (GHG) emissions and reforming US energy policy.
Topic:
Climate Change, Economics, International Trade and Finance, and Treaties and Agreements
Political Geography:
United States and North America

3. Setting the NAFTA Agenda on Climate Change

Author:
Jeffrey J. Schott and Meera Fickling
Publication Date:
08-2009
Content Type:
Policy Brief
Institution:
Peterson Institute for International Economics
Abstract:
When the North American Free Trade Agreement (NAFTA) entered into force 15 years ago, environmental issues were an afterthought appended to a side accord, the North American Agreement on Environmental Cooperation (NAAEC). Today, environmental problems loom large on the global agenda, and climate change, in particular, ranks among the top issues on the North American agenda as the leaders of the United States, Canada, and Mexico convene in Guadalajara in August 2009. This policy brief examines the implications for NAFTA of national policies in the three countries to reduce greenhouse gas (GHG) emissions and suggests steps that the partner countries can take together to further both their economic and environmental goals.
Topic:
Climate Change, Economics, Globalization, and International Trade and Finance
Political Geography:
Canada, North America, and Mexico

4. North American Agriculture under NAFTA

Author:
Gary Clyde Hufbauer, Jeffrey J. Schott, and Yee Wong
Publication Date:
12-2004
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
The NAFTA agreement on agricultural trade consists of three bilateral agreements—between the United States and Mexico, the United States and Cana da, and Canada and Mexico. The US-Canada agreement largely carried into NAFTA the tariff and nontariff barrier rules that had been adopted in the Canada-US Free Trade Agreement (CUSFTA). Under CUSFTA, most agriculture tariffs between the United States and Canada were to be phased out by January 1998, and this schedule was adopted by NAFTA for US-Canada agricultural trade. However, Canada was allowed to maintain permanent tariff-rate-quota (TRQ) restrictions on imports of dairy, poultry, and eggs; and the United States was allowed to maintain TRQs on imports of sugar, dairy products, and peanuts from Canada (see table 1). Although a tariff snapback provision remains in effect until 2008, it has rarely been used by Canada. Agricultural trade between Mexico and Canada was limited by virtually the same restrictions. As might be expected, some agriculture trade associations favored NAFTA and others opposed. Box 1 summarizes the lineup of important trade associations.
Topic:
Agriculture, Economics, and International Trade and Finance
Political Geography:
United States, Canada, North America, and Mexico

5. NAFTA Dispute Settlement Systems

Author:
Gary Hufbauer and Jeffrey J. Schott
Publication Date:
06-2003
Content Type:
Working Paper
Institution:
Peterson Institute for International Economics
Abstract:
Drawing on the 1989 Canada-US Free Trade Agreement (CUSFTA), the North American Free Trade Agreement (NAFTA) extended dispute settlement provisions to cover more ground. In fact, within NAFTA there are six dispute settlement systems. NAFTA Chapter 11 is designed to resolve investor-state disputes over property rights; Chapter 14 creates special provisions for handling disputes in the financial sector via the Chapter 20 dispute settlement process (DSP); Chapter 19 establishes a review mechanism to determine whether final antidumping (AD) and countervailing duty (CVD) decisions made in domestic tribunals are consistent with national laws; and Chapter 20 provides government-to-government consultation, at the ministerial level, to resolve high-level disputes. In addition, the NAFTA partners created interstate dispute mechanisms regarding domestic environmental and labor laws under the North American Agreement on Environmental Cooperation (NAAEC) and the North American Agreement on Labor Cooperation (NAAL C), respectively. This chapter examines the first four dispute settlement systems; the NAAEC and NAALC systems are evaluated elsewhere in this book.
Topic:
Economics and International Trade and Finance
Political Geography:
United States, Latin America, and North America