THE TTALK QUOTES 

On Global Trade & Investment
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No. 24 of 2019
TUESDAY, APRIL 2, 2019

Click HERE for last Friday's quote from French President Emmanuel Macron. 
WTO DISPUTES: THE VENEZUELAN CONUNDRUM
   
""If one country puts an item on the agenda of every meeting and another country refuses to accept that the agenda can be discussed ... then it may be a long time before a meeting can actually take place."

A Diplomat at the WTO 
March 26, 2019  (Publication Date) 
CONTEXT
Venezuela has lodged a complaint against the United States in the World Trade Organization.  The case, brought in December, argues that U.S. sanctions against Venezuela violate the rules of the trading system.  That was, of course, before the issuance of President Trump's Executive Order No. 13857 of January 25, with its sanctions against Venezuela's national oil company Petróleos de Venezuela SA (PdVSA).  In March, Venezuela amended its complaint to include the oil sanctions.

Whether that complaint will ever be heard, however, is another matter altogether.   Venezuela evidently had their complaint listed on the agenda for the monthly meeting of the WTO's Dispute Settlement Body on March 26.  It didn't go very far.  The United States objected to the proceedings on the grounds that it does not recognize the government that brought the case, the government of President Nicolas Maduro, as the legitimate government of Venezuela.  Altogether some 50 countries have taken the position that the Maduro government is not entitled to represent Venezuela, though we have no idea how many of those have expressed that view in the WTO.

For our purposes, it doesn't matter.  Even with just those two protagonists, the United States and Venezuela, the logic of today's featured quote is clear enough.  Unless someone backs down somewhere, it won't just be the Appellate Body that is laboring under a cloud of prospective inoperability.  It could affect the whole system.
COMMENT
Stories about Venezuela are everywhere these days.  Yesterday, for example, there was Mary Anastasia O'Grady's chilling but excellent piece in The Wall Street Journal on Prince Charles in Cuba.  Ms. O'Grady didn't bury the lead.  The Venezuelan connection was there in the first sentence:

Britain's Prince Charles and his wife, Camilla, thumbed their noses at the victims of Venezuela's atrocities last week with an official trip to Cuba-the first ever by a member of the British Royal Family. 

The article went on to chronicle the how deeply complicit Cuba is in the nightmare that Venezuela has become.

From the trade perspective, one has to ask: has the United States just found another clever way to put pressure on the WTO's dispute settlement system?  Or is this really a separate matter?  After all, and especially if you are inclined to that first view, recognition of a regime usually turns on the judgment of whether a regime is, in fact, in control of a specific national territory.  The questions of how it came to power and whether it is a good and decent government are secondary. 

Secondary but not irrelevant.  President Maduro's claim to legitimacy is indeed less than tenuous, and his policies are abhorrent.  In short, our impression is that United States is acting in good faith here, which is to say that its target is not the dispute settlement system but the Maduro regime.  That sentiment won't make the problem go away, but it does lead to two other observations.
 
The first, the more obvious of the two, is that the WTO cannot be completely shielded from all of the issues - that is to say the non-trade issues - that define the relationships among states.  In fact, it is so shielded to a fair degree, but at some point, those larger issues intrude.

The second observation is something to put on the to-do list for that hoped for time when multilateral negotiations in the WTO are again the norm rather than the exception.  If the time does come when members can turn to updating the General Agreement on Tariffs and Trade, we have a suggestion.  We are outsiders here, but it seems to us that the provision governing non-application of the rules (the concessions) ought not to be limited to a one-time decision vis-à-vis countries acceding to the WTO.  Logically, it should also apply to those situations in which the government of one member does not recognize the government of another.

In the meantime... Alas, there is no obvious solution in the meantime, which, as we read it, is just what that anonymous Geneva diplomat was saying.  Ideally, Venezuela might be persuaded not to press the matter at this time.  Perhaps Cuba could encourage them in that direction. 
SOURCES & LINKS
 Venezuela and a New Challenge for WTO Dispute Settlement.  This Reuters article on the developments discussed above was the source for today's featured quote.

Venezuela, Appraising the Oil Sanctions is a February 8 New York Times article on these sanctions.

Venezuela Files a Complaint is an article on the Venezuelan complaint by two attorneys at Steptoe & Johnson, Jillian Norton, an associate, and Brian Egan, a partner.  Filed with the WTO in December, the complaint challenges U.S. sanctions against Venezuela going back to 2014.  It was updated last month to include the sanctions imposed by President Trump's Executive Order targeting Venezuela's national oil company, Petróleos de Venezuela SA.

Prince Charles and the Torturers is a link to the article by Mary Anastasia O'Grady mentioned above.  In it, Ms. O'Grady puts a spotlight on Cuba's role in murder, torture, and repression that help keep Maduro in power. 

Recognizing Interim President Juan Guaido takes you to President Trump's statement of January 23, 2019.

A List of Sanctions is a U.S. Statement Department list of sanctions against Venezuela going back to 2014.  From Treasury is a similar list prepared by the Department of the Treasury.

Article XXXV is a link to this provision of the General Agreement on Tariffs and Trade, which is referenced in the Comment Section above.

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