New Admin Faces Tough Choices Crafting Direction Of Trade
International Trade Partner Nasim Fussell was quoted in a Law360 article about the challenge of trade policy facing President-elect Joe Biden, as he will have to quickly decide whether and how he will depart from the Trump administration's aggressive and sometimes disruptive approach. Biden will have to cope with the fraying state of the World Trade Organization (WTO), which Trump railed against for much of his presidency. Most notably, the Trump administration shuttered the WTO's Appellate Body by refusing to allow new judges to fill vacant seats as a means of protesting what it viewed as judicial overreach by the panel. While Trump took the blocking of WTO appeals judges to unprecedented extremes, the Obama administration blocked the reappointment of specific judges on two separate occasions. The Biden campaign has not yet taken a public position on the WTO.
Ms. Fussell said that while it's not clear whether Biden shares Trump's reservations about Geneva's legal system, "the core DNA" of the Obama administration's objections remain. "I don't think it will be a complete reversal of course," she said. "But if they are going to follow through with this theme of reengaging with our allies ... the WTO seems like a very ideal place to do that and to show that."