The Trump Administration Gets (Legal) Real(ist) On Trade Enforcement and Adjudication

9 Pages Posted: 22 Apr 2020

Date Written: March 28, 2020

Abstract

This article examines briefly the views of the legal realists, and considers the Trump administration's approach to international trade dispute settlement in that context. What may at times leave trade observers puzzled may just be a practical approach to tilting the scales in the favor of the United States. The substantive rules matter and the procedural rules matter, but the judges also matter. The Trump administration recognizes the importance of the last one, and it is willing to fight to get the judges it wants.

Keywords: Trade Disputes, Appellate Body, US-China Trade, USMCA

JEL Classification: F55

Suggested Citation

Lester, Simon, The Trump Administration Gets (Legal) Real(ist) On Trade Enforcement and Adjudication (March 28, 2020). Available at SSRN: https://ssrn.com/abstract=3563040 or http://dx.doi.org/10.2139/ssrn.3563040

Simon Lester (Contact Author)

Cato Institute ( email )

1000 Massachusetts Avenue, N.W.
Washington, DC 20001-5403
United States

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