Opinion: Trump's trade deal with China looks designed to implode. By lopezlinette.
President Donald Trump holds the signed a trade agreement with Chinese Vice Premier Liu He, in the East Room of the White House, Wednesday, Jan. 15, 2020, in WashingtonThe language in the deal leaves a lot of room for argument, it's not hard to leave and, the enforcement mechanism turns every dispute into a game of political football.
And, since Democrats aren't on board with the deal, there's little incentive to stay if the political winds change. There are all kinds of squishy words to fight about in this document. Parties are supposed to ensure "expeditious enforcement of any fine, penalty, payment of monetary damages, injunction, or other remedy for a violation of an intellectual property right ordered in a final judgment by its own court." But what "expeditious" actually means remains unclear.
Even stranger, according to Bown, is that this deal does not take disputes to an overarching enforcement body. Enforcement is left to the office of the US Trade Representative, which then undertakes an up to 90-day adjudication and discussion process with its Chinese counterparts to try to resolve the conflict.
By putting judgement and enforcement in the hands of the two countries instead of a third party , Trump has ensured that every single dispute is a game of political football between the two nations. Each one of those disputes will become a pressure point that could move one country to leave the deal.It's clear the administration took pains to make sure this deal would not have to be signed into law.
Trump's avoidance of Congress is a way of avoiding having a discussion about how trade deals should be done at all too. Wednesday's signing ceremony was attended by White House officials, Republicans, the Chinese delegation, big corporations and Trump's friends and family. That's who had a seat at the table while this deal was being done.
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