Alternative to the alternative: Turkey and EU use arbitration for WTO appeals

Similar but not the same as the 50-member ‘Multi-party Interim Appeal Arrangement (MPIA)’

Originally published as one section in
Arbitration — the stop-gap when WTO appeals are unavailable

By Peter Ungphakorn
POSTED MAY 3, 2022 | UPDATED MAY 6, 2022

Turkey appealed a World Trade Organization dispute ruling on April 25, 2022, the first case of appeal-by-arbitration as a route to a second legal opinion on a ruling, when the WTO Appellate Body cannot function.

The appeal was lodged under a bilateral agreement with the EU on appeals in two specific legal disputes, where each had brought a case against the other.

The procedure that the EU and Turkey had agreed was similar but not the same as the more well-known Multi-Party Interim Appeal Arrangement (MPIA) set up by a group of 50 WTO members — 30% of the membership — but not including Turkey.

Continue reading “Alternative to the alternative: Turkey and EU use arbitration for WTO appeals”

Optimism v pessimism: what to make of Katherine Tai’s Geneva speech

‘If you will listen to us, we will listen to you, and let’s start the reform process from there.’ But was USTR Tai being disingenuous?

By Peter Ungphakorn
POSTED OCTOBER 21, 2021 | UPDATED OCTOBER 21, 2021

The reaction among experts to US Trade Representative Katherine Tai’s speech in Geneva on October 14, 2021, has been mixed, some welcoming the optimistic tone, others disappointed at the lack of specifics.

“Unpopular take: Tai’s Geneva speech was actually quite good and clarifying at this stage,” said one privately. “I heard her as being noncommittal but also not prejudging.”

“Sorry I’m with the pessimists on the Tai speech, if nine months into a US administration the best that can be offered is that something might be considered in the future,” said another.

Continue reading “Optimism v pessimism: what to make of Katherine Tai’s Geneva speech”

With little fanfare, the US splits its tariff quotas for UK and EU exports

Most the attention has been on splitting EU import quotas post-Brexit. This is the other side of the coin. Presumably the UK and EU are OK with it

By Peter Ungphakorn
POSTED JULY 5, 2021 | UPDATED JULY 5, 2021

On the eve of the July 4 holiday, the United States announced new tariff quotas for some dairy products and tobacco imported from Britain and the European Union, from 2022.

This is the other side of the coin for an issue that has received much more attention — how the tariff quotas for imports into the original EU28 are being split between the post-Brexit EU27 and the UK, the on-going discussion in the World Trade Organization (WTO), and the resolution with some of the objecting countries.

Presumably Britain and the EU have accepted these new conditions on their exports.

Continue reading “With little fanfare, the US splits its tariff quotas for UK and EU exports”

Arbitration — the stop-gap when WTO appeals are unavailable

A group of WTO members have agreed on an alternative way to get a second legal opinion

By Peter Ungphakorn
POSTED AUGUST 4, 2020 | UPDATED MAY 3, 2022

On August 3, 2020, a group of 50 World Trade Organization members — 30% of the membership — announced that an alternative arrangement was up and running, as a means of getting round a blockage preventing formal appeals in WTO dispute settlement.

Developed gradually since early 2019, the system would retain countries’ ability to get a second opinion after a first-stage “panel” ruling, but unlike a formal appeal, the outcome would not be part of official WTO law.

Continue reading “Arbitration — the stop-gap when WTO appeals are unavailable”

Summary: ‘WTO terms’ apply in any future UK-EU trade relationship. But how much?

A lot has been said about Britain trading with the EU on ‘WTO terms’. But a fundamental misunderstanding needs to be cleared up. It’s not just about ‘no deal’.

By Peter Ungphakorn
POSTED MAY 27, 2020 | UPDATED MAY 27, 2020

This is a summary of a 3-part article looking at the meaning of “WTO terms” for UK-EU trade in goods, services and more.
The main article is here
.
The series draws partly on a paper from The UK in a Changing Europe

Now that UK-EU trade talks have begun, it’s important to recognise that “WTO terms” will unavoidably apply to the trading relationship — whether or not there’s a deal. It isn’t either/or. It isn’t either a deal or “WTO”, as some people describe it. It’s a question of scale.

The point is: the more the UK and EU trade on WTO terms, the more trade barriers they raise against each other — from a starting position where trade between them has fewer international trade barriers than anywhere else in the world outside the EU. Continue reading “Summary: ‘WTO terms’ apply in any future UK-EU trade relationship. But how much?”

‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 1 ‘WTO terms’

A lot has been said about Britain trading with the EU on ‘WTO terms’. But a fundamental misunderstanding needs to be cleared up. It’s not just about ‘no deal’. Part 1 of 3

By Peter Ungphakorn
POSTED MAY 27, 2020 | UPDATED MAY 27, 2020

This first of 3 parts looks at the meaning of “WTO terms” for UK-EU trade. Part 2 is on goods trade. Part 3 is on services, intellectual property and other issues.
A short summary is here
.
They draw partly on a paper from The UK in a Changing Europe

Now that UK-EU trade talks have begun, it’s important to recognise that “WTO terms” will unavoidably apply to the trading relationship — whether or not there’s a deal. It isn’t either/or. It isn’t either a deal or “WTO”, as some people describe it. It’s a question of scale

And that scale determines how many trade barriers go up on trade between the UK and EU — from a starting position where their trading relationship is one of the freest in the world.
Continue reading “‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 1 ‘WTO terms’”

‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 3 services and more

A lot has been said about Britain trading with the EU on ‘WTO terms’. But a fundamental misunderstanding needs to be cleared up. It’s not just about ‘no deal’. Part 3 of 3

By Peter Ungphakorn
POSTED MAY 27, 2020 | UPDATED MAY 27, 2020

This final of 3 parts looks at UK-EU trade in services
and other issues under “WTO terms”.
Part 1 is on the meaning of “WTO terms”. Part 2 is on goods trade.
A short summary is here
.
They draw partly on a paper from The UK in a Changing Europe

As with goods, if the UK and EU fail to reach agreement, or if the agreement has limited content, UK-EU trade will see new trade barriers in services. Also possible are complications in intellectual property and dispute settlement among other issues. Continue reading “‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 3 services and more”

‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 2 Goods

A lot has been said about Britain trading with the EU on ‘WTO terms’. But a fundamental misunderstanding needs to be cleared up. It’s not just about ‘no deal’. Part 2 of 3

By Peter Ungphakorn
POSTED MAY 27, 2020 | UPDATED MAY 27, 2020

This second of 3 parts looks at UK-EU trade in goods under “WTO terms”. Part 1 is on the meaning of ‘WTO terms’. Part 3 is on services, intellectual property and other issues.
A short summary is here
.
They draw partly on a paper from The UK in a Changing Europe

If the UK and EU fail to reach agreement, British goods imports from the EU and its exports to the EU will face tariffs and non-tariff barriers. That is not just the result of trading solely on WTO terms. Even with an agreement, some aspects of goods trade will still face the new barriers of trading on WTO terms. Continue reading “‘WTO terms’ apply in any future UK-EU trade relationship. But how much? Part 2 Goods”

Spot the difference: US tariffs on Scotch are not part of a tariff war

BBC Question Time was wrong about tariffs. It matters.

By Peter Ungphakorn
FROM UK TRADE FORUM, JANUARY 24, 2020 | UPDATED DECEMBER 9 2020

On January 23, 2020, Fiona Bruce, the host of Question Time on BBC TV, repeatedly and wrongly confused US tariffs on Scotch whisky with the US threat to raise tariffs on cars if Britain taxes digital technology companies.

The mistake matters because UK-US trade talks are likely to feature regularly over the coming months, not least on Question Time. Continue reading “Spot the difference: US tariffs on Scotch are not part of a tariff war”

Iain Duncan Smith & co are wrong about GATT Art24, Brexit and getting out of jail

Tory Brexiteers’ claim that WTO rules let them pull a rabbit out of the hat is pure magical thinking

By Peter Ungphakorn
POSTED SEPTEMBER 5, 2019; ORIGINALLY PUBLISHED ON THE TELEGRAPH WEBSITE, SEPTEMBER 2, 2019 | UPDATED SEPTEMBER 5, 2019

Does the World Trade Organization (WTO) have a magic legal provision, one that Britain can use to get out of the “no-deal” Brexit jail?

No, and this has been pointed out repeatedly. And yet Iain Duncan Smith, David Campbell Bannerman and co, still think it does, judging by their piece for the Telegraph on August 30, 2019.

They are wrong because they misunderstand the provision they cite: Article 24 of the General Agreement on Tariffs and Trade (GATT). They are wrong because they overlook the realities of what it means. Continue reading “Iain Duncan Smith & co are wrong about GATT Art24, Brexit and getting out of jail”