In The US China Trade Dispute, WTO Usually Tends To The US.
Trade wars are not as easy to win as president trump thought. However, when the case is submitted to the World Trade Organization (WTO), the United States usually wins trade disputes, especially trade disputes against China. The conclusions of the data contradict the claims of trump in threatening to withdraw the us from the world trade organization. He declared in 2018 that the establishment of WTO is "everyone except us will benefit from it" and added that "almost all litigation in WTO has been lost."
Trump's view is wrong in China at least: over the past 16 years, US officials have made 23 challenges to China's practices in WTO. The winning and losing record was 19 to 0, and 4 cases were pending. In a recent ruling, WTO expert group found that China's agricultural subsidies were inconsistent with WTO rules, supporting the United States' stand.
When the United States defended its policies against China, it achieved good results: China only won about 1/3 of the United States lawsuit, and six are currently hearing. American officials won a case of total decision and won three other cases. Another complaint in China was cancelled after the United States International Trade Commission terminated the unfair trade survey.
In almost 40% of the time, the US complaint against China was resolved after consultation, and the WTO dispute panel did not go through a long ruling process. On average, eight months after the start of the WTO negotiations, the results were achieved. However, if a panel of experts is required to provide written decisions, the process will take more than three times, and almost always follow the appeals and compliance procedures, which will further extend the time of litigation.
The US case against China covers a wide range, such as export tariffs, quotas, subsidies and restrictions on market access to services. Almost half of China's lawsuits against the United States involve complaints about anti-dumping and countervailing duty investigations in the United States, especially the calculation of dumping margins and subsidies in response to punitive tariffs in the United States. Three of them involve the majority decision of the WTO appellate body.
Among the ten outstanding cases, several complaints relate to tit for tat revenge in the current trade war. If the bilateral trade negotiations are successful, the complaint may be withdrawn. Others may fall in the backlog of WTO cases. US officials demanded that a comprehensive reform of the WTO dispute settlement process prevent the appointment of members of the appellate body from being blocked, resulting in a backlog of WTO cases.
In short, according to the WTO rules of world trade rules, we are committed to implementing the existing rights of the United States. However, some Sino US issues are not within the scope of WTO rules. Therefore, it is urgent to renew international trade obligations so as to solve the current disputes over investment, intellectual property rights and other issues.
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