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How to Balance Legitimacy & Power in a Fractured World | Sir Paul Tucker

Hidden Forces

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The WTO Decision on State-Owned Enterprises

A few years ago now, there was a famous undisputed in the WTO trade system where China had been using state-owned enterprises to subsidize exports. The U.S., understandably, I think, said, well, that's not allowed under the rules of the WTO. And they win on a kind of crazy point in my view, which is the appellate board decides that state- owned enterprises aren't public bodies within the meaning of the treaty. So, this is all a question of law and therefore, the United States can't do what it wants to do. That's a pretty bad decision by the appellate board. But judges make bad decisions.

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