The few cases are of vital importance to be mentioned. For instance, such cases, which were brought against China even when in the annual USTR reviews there was published a rather broad set of complaints, and also despite the successful meeting of the cases, brought against China. Thus, so far the United States has brought only three cases. They are the following: on tax refunds, taking place in 2007, in 2003 on Chinese taxes on the integrated circuits and in 2006 on the measures regarding the auto parts imports. Meanwhile, in 2004 China settled the integrated circuits case, and afterwards, it also claimed the annulment of one of the repelling tax measures in March 2007. Due to the fact that grand proposals for reform are basically misguided, in this paper the prescriptions are technical and rather modest. In addition, the system of dispute settlements shows a rather delicate relation between toughness and sovereignty respect. Therefore, it is obvious that both the legislators and policymakers should put more forces to defending the result, rather than simply criticizing it. Regarding the defence, it should start with the better acquiescence with WTO rulings. Due to the fact that the United States is serious in fulfilling to its foreign obligations, the country takes untypical care before signing all the global treaties. This care is, in fact, shown in the constitutional requirement, which treaties need the adjustment of two-thirds of the Senate.45
The WTO cases record of the U.S., where it has been an appellant, asserts that not always it has been conscientious in being attached to its WTO requirements. Indeed, America is an appellant in twice as many cases as a plaintiff is; besides plaintiffs win most WTO cases. When it comes to the measures, accustomed to “remedy” apparently disturbing or improper behaviour by its trading partners, the United States is specifically poor.46
Moreover, over the last ten years in five of the six times that the U.S. safeguard provisions (temporary tariffs intended to keep under control an unordinary surge in a concrete import), they have been flourishingly challenged and overturned by the American trading partners.47
Correspondingly, a great deal of losses with the respect to the guidance of antidumping tariffs took place, apparently punishing offshore companies for selling below the production cost or even below the cost, at which they merchandise things on their domestic market. American defeat record, however, expands beyond the use of the mentioned above trade “remedies”; the U.S. founded the farm policies with the aim to cover a great deal of WTO violations because of the cotton case of Brasil.48
In all cases, the infringements were put in place by authorities or Congress members, whose great number are intensely engaged in trade policies. It is evident that the compliance with the global obligations is not, in fact, their greatest importance. Given that successful international institutions, for example, the WTO, are not only rare, but also fragile, therefore, such standpoint is reckless.
Contrary to the critics’ complaints, the issue that America was called to task by the panels of WTO shows their advantages: The system of debated settlements curbs the protectionist instincts of American trade policymakers and so underpins prosperity. The U. S. has to be prospectively complying with the rules of WTO, not violating them and waiting when the arbitration panel would finally play the bad cop role. Once, Bob Dole, the former Senator (R–KS) supported a panel to analyse the defeats of the America in WTO cases and find out whether the verdicts were confirmed. A better role for such a panel, however, would be to reveal why it was in the first place that the violation took place—and to provide recommendation with the purpose to avoid a recurrence. Despite the fact that the American compliance record is better than the one of other members of WTO, it is in the national interest to contribute with rules, which augment the U.S. economy performance, irrespective of the compliance record of other countries. In the ultimate investigation, due to the good trade agreements the country is provided with a number of benefits by simplifying to implement locally policies, thus boosting both competitiveness and productivity. America will be in a far beneficial position to encourage compliance worldwide, once such policies are founded locally.
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