The United States, Trade Remedies, and the WTO: What’s Next?
In recent years, issues pertaining to American trade remedies have been particularly controversial. The Appellate Body at the World Trade Organization’s dispute settlement mechanism has repeatedly and consistently held that the United States is in violation of the anti-dumping agreement because of the way it calculates its dumping duties. No safeguard has ever been found to be WTO-consistent, and the provisions in the WTO subsidies agreement has been used to challenge American practices pertaining to a range of products including steel, cotton, lumber and aircraft.
Trade remedy disputes are not only contentious, but widespread. In fact, approximately 50% of all of the disputes addressed by the WTO’s Dispute Settlement Body deal with some aspect of the rules governing dumping, subsidies or safeguards.
This panel brings together some of the leading authorities on trade remedies to discuss a range of issues pertaining to how the United States has addressed trade remedies in the past and what concerns may arise in future. Indeed, with the expiry of the softwood lumber agreement between Canada and the U.S. in 2015, trade remedy issues are certain to remain a central issue for American trade negotiators going forward.
David Christy represents private-sector clients and governments on international trade matters, including World Trade Organization (WTO) litigation and negotiations, trade policy and trade remedies. His counsel includes designing and implementing lobbying efforts before Congress and the executive branch as well as before foreign governments. David served (with Chris Parlin) as the first private counsel to argue a WTO member government's case before a WTO panel, and represented Saudi Arabia in its accession to the WTO. Sovereign clients he has advised include Argentina, Brazil, Canada, Indonesia, Jamaica, Japan, Poland, Saudi Arabia, South Korea, St. Lucia, Taiwan and Thailand. His achievements during more than two decades of practice have earned him a reputation as a "recognized WTO expert," according to Chambers & Partners Global. David serves as an adjunct professor at Georgetown University Law Center, where he has taught courses on international trade since 1997. David has been quoted extensively by the BBC, Voice of America and other global media on international trade and WTO issues, and has been published in Foreign Policy.
Stacy J. Ettinger
Stacy J. Ettinger currently serves as Chief Counsel of the United States Senate Committee on Rules and Administration, chaired by Senator Chuck Schumer. Previously Ms. Ettinger served as Senator Schumer's principal legal and policy advisor on international trade, investment and regulatory issues. Prior to joining Senator Schumer's legislative team, Ms. Ettinger served for 15 years as a senior legal advisor at the United States Department of Commerce. At Commerce, Ms. Ettinger advised agency officials on the application of U.S. and foreign trade rules, supervised dispute settlement proceedings before the World Trade Organization, and represented the United States in international trade negotiations. Ms. Ettinger also is an Adjunct Professor of Law at Georgetown University Law Center. She is a graduate of the University of Michigan and the American University Washington College of Law.
Jacqueline Krikorian is an associate professor at York University and a member of the bar of Ontario. She received a PhD from the University of Toronto (Political Science), an MA from Dalhousie (Political Science) an MLitt from the University of Oxford (Modern History) and her law degree from Queen's University. In the winter 2014 term, Professor Krikorian holds the Fulbright Visiting Research Chair in Canada-U.S. Relations at the Wilson Center and is also a visiting fellow at the Institute for International Economic Law at Georgetown University Law Center. She is author of International Trade Law and Domestic Policy: Canada, the United States and the WTO and has published her research in an number of refereed journals including the Journal of International Economic Law, the University of Toronto Law Journal, and the Canadian Journal of Political Science.
C. Christopher Parlin
C. Christopher Parlin has 37 years of broad and in-depth experience in trade negotiations, WTO (and GATT) dispute settlement proceedings, legal advice regarding WTO and NAFTA issues, and international trade policy matters. He has negotiated and litigated dispute settlement cases as a senior government official in the Office of the US Trade Representative (USTR), litigated WTO disputes in private practice, and since 1995 taught classes on the WTO at Georgetown University Law Center. In July 2013, he became Deputy Director of the Institute of International Economic Law (IIEL) at Georgetown Law, where he is responsible for carrying out the Institute’s mission of promoting research and educational development on issues related to the WTO and other aspects of international economic law. In April 2013 he was elected to the Permanent Group of Experts by the WTO Committee on Subsidies and Countervailing Duties, recognizing his expertise in the area.
Mr. Parlin is one of the world’s foremost authorities on WTO negotiations and dispute resolution. In private practice he has participated in over 20 WTO disputes, often as lead counsel. He was the first private attorney to present a Member government's case to a WTO panel and the Appellate Body. Since 2011, Mr. Parlin has been Principal at Parlin & Associates. From 1995 to 2011 he was partner and counsel at several prestigious law firms.
Marguerite Trossevin, a founding member of Jochum Shore & Trossevin, PC, has over 25 years of experience in international trade law, both in government and the private sector. Marguerite was formerly Deputy Chief Counsel for Import Administration at the U.S. Department of Commerce, where she served as a senior legal adviser for over ten years. She currently represents clients in connection with international trade matters before the International Trade Commission, the Commerce Department and U.S. Customs, and in litigation before the Federal Courts. In addition to her in-depth knowledge of U.S. trade law, Ms. Trossevin has extensive expertise in the agreements of the World Trade Organization (WTO) and counsels clients on a broad range of WTO issues. At Commerce, Ms. Trossevin had primary responsibility for all WTO disputes involving subsidies and trade remedies, was a senior delegate to the WTO negotiations on Rules, and a U.S. lead FTA negotiator for subsidies and trade remedies. Ms. Trossevin is also an adjunct professor at the Georgetown University Law School and has been voted one of Washington’s “Best Lawyers” in international trade.