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Bryce Baschuk @bbaschuk
, 22 tweets, 29 min read Read on Twitter
The @EU_Commission's draft @wto reform proposal is an important, good faith effort to forestall a crisis that has the potential to undermine the WTO's ability to arbitrate trade disputes. The question is whether it will satisfy @USTradeRep's fundamental concerns about the WTO.
@EU_Commission @wto @USTradeRep Here is a line by line look at what @USTradeRep is objecting to w/regards to the @wto appellate body compared with the @EU_Commission' proposal to address those concerns.
@EU_Commission @wto @USTradeRep Background: @USTradeRep is blocking nominees to @wto the appeals body, which has the final say in upholding, modifying or reversing WTO rulings that often affect some of the world's biggest companies and billions of dollars in commerce.
@EU_Commission @wto @USTradeRep Background: Since August 2017, the @USTradeRep has blocked nominees to the @wto appellate body saying it has overstepped its mandate. If the U.S. continues its hold, the body will be paralyzed in late 2019 because it won't have the three panelists required to sign off on rulings.
@EU_Commission @wto @USTradeRep In the @USTradeRep's 2018 trade policy agenda report bit.ly/2HTrnXJ (p. 22-28) the Trump administration outlines five specific "examples of concerns with the approach of the @wto appellate body."
@EU_Commission @wto @USTradeRep .@USTradeRep appellate body concern #1: Disregard for the 90-day deadline for appeals
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #1:
@EU_Commission @wto @USTradeRep .@USTradeRep @wto appellate body concern #2: Continued service by persons who are no longer AB members
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #2:
@EU_Commission @wto @USTradeRep Background: Here is the @wto text on Rule 15 of the working procedures for appellate body review (bit.ly/2BqY9vV) and below is the text of a November 2017 appellate body background note on Rule 15
@EU_Commission @wto @USTradeRep .@USTradeRep @wto appellate body concern #3: Issuing Advisory Opinions on Issues Not Necessary to Resolve a Dispute
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #3:
@EU_Commission @wto @USTradeRep .@USTradeRep @wto appellate body concern #4: Appellate Body Review of facts and review of a Member’s domestic law de novo
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #4:
@EU_Commission @wto @USTradeRep .@USTradeRep @wto appellate body concern #5: The Appellate Body claims its reports are entitled to be treated as precedent
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #5:
@EU_Commission @wto @USTradeRep The @EU_Commission @wto appellate body reform proposal also proposes to preserve the "independence" of appellate body members by extending the length of their terms. Currently AB members are appointed to a 4-year term that may be renewed for a 2nd 4-year term.
@EU_Commission @wto @USTradeRep .@USTradeRep @wto appellate body concern #6: The Appellate Body reports have added or diminished U.S. rights or obligations
@EU_Commission @wto @USTradeRep .@EU_Commission @wto appellate body reform proposal #6: WTO members can engage in a discussion of AB "overreach" but only after the @USTradeRep appellate body block is lifted.
@EU_Commission @wto @USTradeRep .@USTradeRep has declined comment on the @EU_Commission draft @wto reform proposal but the matter will likely be discussed at the July 20 meeting of the WTO dispute settlement body in Geneva.
@EU_Commission @wto @USTradeRep A resolution to this impasse is important to the systemic functioning of the @wto. WTO Director-General @WTODGAZEVEDO previously said if the US maintains its block it could eliminate the WTO's role as a trade-dispute forum and lead to a “domino effect” of trade retaliation.
@EU_Commission @wto @USTradeRep @WTODGAZEVEDO For more information you can read the Bloomberg @business report here: bloom.bg/2uvXc37

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