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103 Minn. L. Rev. Headnotes 1 (2018-2019)

handle is hein.journals/headnotpan103 and id is 1 raw text is: Essay The Other Trade War Kathleen Claussent INTRODUCTION The trade war1 is on: beginning in the first half of 2018, the United States has employed half-century-old domestic law to im- pose tariffs on select products affecting U.S. industries, and other countries have struck back with tariffs of their own on U.S. products coming from battleground U.S. states.2 It is an atypical war: in this war, the United States has implemented tariff rate increases also on its allies.3 Some say these reciprocal moves sug- gest a turn away from the international trade law regime. For international trade polieymakers and lawyers, however, the tar- iff war is only part of the story. Meanwhile, another trade war has been playing out in Geneva on the floor of the Dispute Set- tlement Body (DSB) at the World Trade Organization (WTO). t Associate Professor, University of Miami School of Law. This Essay draws from remarks given at the 112th American Society of International Law Annual Meeting, the 2018 British Institute for International and Comparative Law WTO Conference, and the Southwestern Institute for International and Comparative Law's Symposium on Global Markets. My thanks to Caroline Bradley, Diane Desierto, Victoria Donaldson, David Gantz, Jennifer Hillman, Susan Karamanian, Simon Lester, Gabrielle Marceau, Robert McDougall, Tom Schoenbaum, Richard Steinberg, Terry Stewart, and Mark Wu, as well as col- leagues from the World Trade Organization for sharing comments that in- formed earlier drafts. Thanks also to Clinton Maynard and the other members of the editing team. Copyright c 2018 by Kathleen Claussen. 1. While the terminology is unnecessarily inflammatory, references to a trade war proliferate. Governments, media, and academic commentators have employed war terminology for example by referring to the United States as car- rying out a World Trade Organization (WTO) blockade, taking an ax to the WTO, using an arsenal of weapons against the WTO Appellate Body, and by contrasting the present moment with trade peace. I use the war rhetoric here only to situate the underlying disagreements. 2. Kathleen Claussen, Trade War Battles: The International Front, LAW- FARE (July 27, 2018, 11:16AM), https://www.lawfareblog.com/surveying-trade -war-battlefield-international-front. 3. Id. (describing the scope of the duties imposed).

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