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Enforcing International Trade Obligations in USMCA: The State-State Dispute Settlement Mechanism [January 3, 2020]
From the Document: "Enforcement of many obligations in the proposed United States-Mexico-Canada Agreement (USMCA), which would replace the existing North American Free Trade Agreement (NAFTA) if ratified, is covered by the dispute settlement mechanism in USMCA's Chapter 31. This mechanism would permit any of the three Parties who intend to join the Agreement (i.e., the United States, Mexico, and Canada) to bring a claim against another Party that is allegedly violating its USMCA obligations. Chapter 31, which draws substantially on NAFTA's Chapter 20 mechanism, applies to a majority of the Parties' USMCA obligations, but there are exceptions. For instance, article 32.12 exempts certain investment decisions reviewed under the 'Investment Canada Act' from Chapter 31. Additionally, USMCA includes more complex enforcement provisions for some of its chapters, including the Environment and Labor Chapters. This InFocus provides an overview of USMCA's Chapter 31 process."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-01-03
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Foreign Trade Remedy Investigations of U.S. Agricultural Products [March 11, 2020]
From the Document: "Foreign countries appear to be making greater use of punitive measures affecting U.S. agricultural exports. These measures, corresponding to duties the United States has long imposed on imports found to be traded unfairly and injuring U.S. industries, have the potential to reduce the competitiveness of U.S. agricultural exports in some foreign markets. Recent changes in U.S. agricultural policy, including over $23 billion in 'trade aid' payments in 2018 and 2019 to farmers affected by higher Chinese tariffs on certain U.S. products, may increase the likelihood of foreign measures that adversely affect U.S. agricultural trade. The imposition of anti-dumping and countervailing duties is governed by the rules of the World Trade Organization (WTO) and of WTO's 1995 Agreement on Agriculture (AoA). Under the AoA, member countries agreed to reform their domestic agricultural support policies, increase access to imports, and reduce export subsidies. The AoA spells out the rules to determine whether policies are potentially trade distorting. If a trading partner believes that imported agricultural products are being sold below cost ('dumped') or benefit from unfair subsidies, it may impose anti-dumping (AD) or countervailing duties (CVD) on those imports to eliminate the unfair price advantage."
Library of Congress. Congressional Research Service
Regmi, Anita; Hart, Nina M.; Schnepf, Randall Dean, 1954-
2020-03-11
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COVID-19: An Overview of Trade-Related Measures to Address Access to Medical Goods [March 20, 2020]
From the Document: "As the coronavirus (COVID-19) pandemic continues, government officials around the world have raised questions and concerns about how to ensure that their countries have adequate access to, and supplies of, medical goods, including personal protective equipment (e.g., masks, gloves, garments), medical equipment (e.g., ventilators), and pharmaceuticals. This Sidebar presents an overview of some of the trade-related measures taken by the United States and its trading partners in their efforts to address these concerns, including: (1) introducing export restrictions; (2) reducing or eliminating tariffs; (3) revising import procedures; and (4) prioritizing domestic production. It then discusses possible legal challenges to each of these measures, as well as avenues for congressional action or oversight."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-03-20
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USMCA: A Legal Interpretation of the Panel-Formation Provisions and the Question of Panel Blocking [January 30, 2020]
From the Document: "Congress has shown an interest in the effectiveness of the dispute settlement mechanism in the United States-Mexico-Canada Agreement (USMCA), which will replace the North American Free Trade Agreement (NAFTA). Some Members have questioned its effectiveness, and, as part of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (TPA), Congress has identified effective dispute settlement as a negotiating objective that the U.S. Trade Representative must pursue when negotiating trade agreements. This In Focus examines one aspect of the State-State dispute settlement mechanism in USMCA Chapter 31: the ability of a USMCA Party to prevent the formation of a panel during dispute settlement proceedings, often termed 'panel blocking'."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-01-30
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Legal Basis for the U.S.-China 'Phase One' Agreement and Implications for Implementation [February 4, 2020]
From the Document: "On January 15, 2020, the United States and China signed and released the text of a 'phase one' agreement to address some of the trade and investment issues between the Parties, including the issues that the Administration investigated pursuant to Section 301 of the Trade Act of 1974. U.S. Trade Representative Robert Lighthizer has testified that the Agreement, formally titled the 'Economic and Trade Agreement Between the Government of the United States of America and the Government of the People's Republic of China' (U.S.-China Agreement), does not require congressional approval. This is because the Executive relied on authority Congress delegated to it in Section 301 and on its constitutional authority to enter into executive agreements. This Sidebar provides a brief overview of the possible legal bases for the United States' entry into the U.S.-China Agreement without congressional involvement, and the implications for its implementation."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-02-04
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Can the International Criminal Court Investigate U.S. Personnel? [June 30, 2020]
From the Document: "On June 11, 2020, President Trump issued Executive Order 13928, authorizing sanctions against certain individuals involved in the International Criminal Court (ICC) Prosecutor's investigation of whether U.S. military and intelligence personnel committed war crimes during the conflict in Afghanistan. The ICC is an international tribunal created by the Rome Statute to serve as the first permanent tribunal to try individuals for 'the most serious crimes of concern to the international community as a whole.' Currently, 123 countries are parties to the Rome Statute, but the United States is not, having first signed the Rome Statute but later withdrawing its intent to join. This Sidebar outlines the basis upon which the ICC Prosecutor may initiate investigations; discusses the disagreement between the United States and the Prosecutor about the legality of the request to investigate the actions of U.S. personnel; and assesses whether the United States may attempt to stop the investigation."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-06-30
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Reforming the WTO Agreement on Agriculture [July 20, 2020]
From the Introduction: "As a member of the World Trade Organization (WTO), the United States has committed to abide by its rules and disciplines, including those under the Agreement on Agriculture (AoA). The AoA, which took effect when the WTO was established on January 1, 1995, brought agricultural trade, for the first time, under a set of international rules and disciplines analogous to those that have long applied to trade in other goods. [...] The COVID-19 [coronavirus disease 2019] outbreak has highlighted various weaknesses in global food supply chains and emphasized concerns related to agricultural issues not addressed in the AoA, such as with regard to farm labor and the environment. These new issues and the postponement of MC12 [WTO's 12th Ministerial Conference] could represent a window of opportunity for Congress to consider how the United States could shape the negotiations over trade in agricultural products at MC12 and beyond."
Library of Congress. Congressional Research Service
Regmi, Anita; Hart, Nina M.; Schnepf, Randall Dean, 1954-
2020-07-20
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COVID-19: International Trade and Access to Pharmaceutical Products [March 30, 2020]
From the Document: "As the coronavirus disease (COVID-19) pandemic continues, governments and the private sector have begun assessing the possibility of developing medical countermeasures (e.g., vaccines, antiviral treatments) to improve patient recovery rates and contain the virus's spread. Some Members of Congress have expressed concern about access to, and the affordability of, any potential countermeasures. As outlined in this CRS [Congressional Research Service] Sidebar, Congress can take, and has taken, several steps to address these issues, some of which may raise questions under U.S. law. This Sidebar addresses how certain congressional or executive actions intended to increase access to medical countermeasures might be viewed under the rules of the international trade regime, including: (1) exclusion from patent protection; (2) compulsory licensing of patented products; and (3) increasing domestic capacity."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-03-30
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Revoking Hong Kong's Preferential Trade Status: Legal Framework and Implications [June 5, 2020]
From the Document: "On May 30, 2020, President Trump announced that his Administration would begin the process of eliminating U.S. policies that provide Hong Kong with special and different treatment from the People's Republic of China (China), including revocation of 'Hong Kong's preferential treatment as a separate customs and travel territory from the rest of China.' The President also indicated the potential to sanction officials from Hong Kong and China directly or indirectly involved in eroding Hong Kong's autonomy. This Sidebar presents the legal framework that currently applies to Hong Kong's status as a separate customs territory from China and several potential implications of such a revocation."
Library of Congress. Congressional Research Service
Hart, Nina M.
2020-06-05
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Intellectual Property Violations and China: Legal Remedies [September 17, 2020]
From the Document: "[T]he United States continues to raise concerns about IP [intellectual property] theft by Chinese entities, including recent criminal allegations of Chinese state-sponsored hacking of COVID-19 [coronavirus disease 2019] vaccine research. [...] This report seeks to place these developments into a broader legal context by reviewing the various legal options available to address IP violations by Chinese entities. First, it describes various forms that 'IP theft' by Chinese entities may take, depending on the form of IP at issue (e.g., patents, copyrights, trademarks, or trade secrets) and the nature of the violation. These distinctions are significant because the remedies available to the U.S. government and individual rights holders will depend on the nature and circumstances of the IP violations. Second, the report reviews the scope and requirements of the legal remedies available under U.S. and international laws. These remedies fall into two broad categories: (1) remedies for systemic IP violations, which are initiated by the U.S. executive branch to target widespread IP violations by foreign actors by relying on trade or international law; and (2) remedies for individual IP violations, which seek to redress discrete IP violations by particular entities by relying on domestic civil, administrative, and criminal processes."
Library of Congress. Congressional Research Service
Hickey, Kevin J.; Murrill, Brandon J.; Hart, Nina M. . . .
2020-09-17
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Update: Section 230 and the Executive Order on Preventing Online Censorship [Updated October 16, 2020]
From the Document: "'Update: On October 15, 2020, Federal Communications Commission (FCC) Chairman Ajit Pai announced that the FCC will adopt rules interpreting Section 230 of the Communications Decency Act. FCC General Counsel Tom Johnson confirmed that his office has advised Chairman Pai that "the FCC has the legal authority to interpret Section 230." Chairman Pai's statement comes after the National Telecommunications and Information Administration petitioned the FCC for rulemaking. On August 3, 2020, the FCC invited public comment on the petition for 45 days and received more than 20,000 comments in response.'"
Library of Congress. Congressional Research Service
Brannon, Valerie C.; Hart, Nina M.; Holmes, Eric N. . . .
2020-10-16
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Legal Framework of the National Environmental Policy Act [May 14, 2020]
From the Document: "The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., declared a national policy 'to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.' To implement this policy, NEPA requires federal agencies to identify and evaluate impacts of 'major Federal actions significantly affecting the quality of the human environment.' 42 U.S.C. § 4332(2)(C). Although an agency must consider these impacts, it need not elevate these environmental concerns above others. Instead, NEPA requires agencies to 'take a hard look at environmental consequences' of their proposed actions, consider alternatives, and publicly disseminate such information before taking final action."
Library of Congress. Congressional Research Service
Hart, Nina M.; Tsang, Linda
2020-05-14
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Withdrawal from the World Health Organization: Legal Basis and Implications [June 5, 2020]
From the Document: "On May 30, 2020, President Trump announced that he plans to terminate the United States' relationship with the World Health Organization (WHO). This Sidebar assumes that 'terminate' means to withdraw from the WHO (as opposed to, for instance, stop sending funds to the WHO), and addresses the legal framework that applies to the President's authority and Congress's role in a potential withdrawal from the WHO."
Library of Congress. Congressional Research Service
Murrill, Brandon J.; Hart, Nina M.
2020-06-05
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Legal Framework of the National Environmental Policy Act [Updated October 22, 2020]
From the Document: "The National Environmental Policy Act of 1969 (NEPA) [...] requires federal agencies to identify and evaluate impacts of 'major Federal actions significantly affecting the quality of the human environment.' Although an agency must consider these impacts, it need not elevate these environmental concerns above others. Instead, NEPA requires agencies to 'take a "hard look" at environmental consequences' of their proposed actions, consider alternatives, and publicly disseminate such information before taking final action."
Library of Congress. Congressional Research Service
Hart, Nina M.; Tsang, Linda
2020-10-22
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