Kathleen Claussen Profile picture
Int'l law & biz: trade, econ security, sustainability/labor, investment/ISDS; exec agrts/foreign rel'ns; procedure & admin. Formerly@USTR, PCA. Co-EIC @JIEL_OUP
Mar 13, 2021 6 tweets 3 min read
🧵Another ICYMI 🚨- Yesterday, DOJ (for USTR) filed its master response to the ~3600 complaints (consolidated) re the #Section301 tariffs imposed as part of what is now seen as a #tradewar w/ #China. The gov lists its anticipated defenses. But 1st, let's review the claims ... /1 Per DOJ, #HMTX and thousands of others make the following claims: 1) promulgation of List 3 and List 4A [the Lists] violated the 1974 Trade Act; 2) the Gov violated the APA in promulgating them; 3) the Lists violated the Constitution; and, 4) the Lists violated the GATT /2
Sep 19, 2019 5 tweets 1 min read
Just announced: USTR to Request First-Ever Environment Consultations Under the U.S.-Korea Free Trade Agreement (KORUS) in Effort to Combat Illegal Fishing. From the press release - Under the KORUS Environment Chapter, Korea is obligated to “adopt, maintain, and implement” /1 measures to fulfill its obligations under the Commission for the Conservation of Antarctic Marine Living Resources. The U.S. is entitled to request consultations under Article 20.9 with respect to “any matter” arising under the Chapter. /2
Sep 17, 2019 7 tweets 2 min read
A slightly longer working preview relevant to today's news (which is not really news or at least not surprising as USTR indicated it was using 103(a) a few weeks ago): For those who aren't as familiar w/103(a) (see below), this poorly worded text gives the Pres. wide authority /1 to enter into "trade agreements" & to proclaim tariff modifications as necessary to carry out the trade agrmt, but doesn't make any connection between the factfinding that it requires the pres. to do prior to entering into the agreement & the content of the agreement itself /2