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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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