Row 583

Row ID: 583 | Dataset Entry | Axioma AXP Content Repository

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This page contains data entry 583 from the Axioma AXP content repository. The structured data below represents the complete record for this entry.

I agree to disagree with you on the first paragraph with particular respect to Aus because (call me the idealistic American here) I honestly think democratic governments have a fundamental respect for the rule of law and having check and balance mechanisms in place. Speaking solely from an American perspective, Department of Commerce and International Trade Commission determinations are OFTEN challenged and frequently overturn before the Courts, let alone the WTO. So while there may be some political pressures for these agencies to make affirmative determinations, it's not absolute that they will always become policy. China/MOFCOM, OTOH, is a political entity solely driven by a single political party with no checks by an independent judiciary branch.

I think you are thinking on too much on the level of a trade purist. The whole dispute was not supposed to be trade related, if you think about. It started with an anti-CCP (not anti-Chinese/Asian, mind you) sentiment because of COVID, and then it was the Chinese who brought in trade remedies as a political tool. You can disagree or not on the appropriateness, the Trump administration was really the pioneer of muddying the waters with the Section 301 actions, which there are 1,000s (literally THOUSANDS) of 301 rulings being challenged before the Court of International Trade as we speak. However, for China, and as I mentioned above, MOFCOM's actions are simply not being checked by their own judiciary. And even if this is challenged before the WTO (DS598 for the barley AD), this will eventually go into WTO dispute settlement limbo because there is no appellate mechanism right now as the US is blocking that body.

However, from a trade purist perspective, thinking more about it, I agree with you that these trade agreements (as well as the dispute settlement mechanism and how appellate body members should treat disputes) needs update. These documents were all negotiated at a time when China was still legitimately a developing country and much of the western world honestly believed somehow they would shift towards a more democratically run governance. The WTO also needs to deal with forefront issues such as labor and environment.

FieldValue
text I agree to disagree with you on the first paragraph with particular respect to Aus because (call me the idealistic American here) I honestly think democratic governments have a fundamental respect for the rule of law and having check and balance mechanisms in place. Speaking solely from an American perspective, Department of Commerce and International Trade Commission determinations are OFTEN challenged and frequently overturn before the Courts, let alone the WTO. So while there may be some po…
label r/internationaltrade
dataType comment
communityName r/Internationaltrade
datetime 2021-04-05
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Raw Record

{
  "text": "I agree to disagree with you on the first paragraph with particular respect to Aus because (call me the idealistic American here) I honestly think democratic governments have a fundamental respect for the rule of law and having check and balance mechanisms in place.  Speaking solely from an American perspective, Department of Commerce and International Trade Commission determinations are OFTEN challenged and frequently overturn before the Courts, let alone the WTO.  So while there may be some political pressures for these agencies to make affirmative determinations, it's not absolute that they will always become policy.  China/MOFCOM, OTOH, is a political entity solely driven by a single political party with no checks by an independent judiciary branch. \n\nI think you are thinking on too much on the level of a trade purist.  The whole dispute was not supposed to be trade related, if you think about.  It started with an anti-CCP (not anti-Chinese/Asian, mind you) sentiment because of COVID, and then it was the Chinese who brought in trade remedies as a political tool.  You can disagree or not on the appropriateness, the Trump administration was really the pioneer of muddying the waters with the Section 301 actions, which there are 1,000s (literally THOUSANDS) of 301 rulings being challenged before the Court of International Trade as we speak.  However, for China, and as I mentioned above, MOFCOM's actions are simply not being checked by their own judiciary.  And even if this is challenged before the WTO (DS598 for the barley AD), this will eventually go into WTO dispute settlement limbo because there is no appellate mechanism right now as the US is blocking that body. \n\nHowever, from a trade purist perspective,  thinking more about it, I agree with you that these trade agreements (as well as the dispute settlement mechanism and how appellate body members should treat disputes) needs update.  These documents were all negotiated at a time when China was still legitimately a developing country and much of the western world honestly believed somehow they would shift towards a more democratically run governance.  The WTO also needs to deal with forefront issues such as labor and environment.",
  "label": "r/internationaltrade",
  "dataType": "comment",
  "communityName": "r/Internationaltrade",
  "datetime": "2021-04-05",
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}
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