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Coping with the U.S. “Reciprocal Tariffs”: Vice Dean Gong Hongliu of the w88 casino of Law gave a special speech at the “Foreign-Related Rule of Law Academic Seminar” at NYU Shanghai

Published: April 18, 2025 Edit:

w88 casino News Network (provided by the Law w88 casino)From April 10th to 12th, the “Foreign-Related Rule of Law Academic Seminar” was held in Shanghai, hosted by New York University Shanghai and co-organized by the Asian American Law Institute of New York University w88 casino of Law. The conference was mainly offline, combined with online, and gathered nearly 20 experts and scholars from well-known institutions at home and abroad, including the University of Pennsylvania in the United States, the Max Planck Institute of Comparative Public Law and International Law in Germany, the University of Sydney Law w88 casino in Australia, the Chinese University of Hong Kong, City University of Hong Kong, and Peking University, Peking University w88 casino of International Law, University of International w88, Chinese Politics and Law, East China Politics and Law, and NTU Sino-German Law Institute. Associate Professor Gong Hongliu, Vice President of our college, was invited to attend the meeting and make a special speech.

Teacher Gong Hongliu (center) takes a photo with some Chinese and foreign guests attending the conference

This seminar focused on the theme of "foreign-related legal rule" and divided into three units for discussion: "Sanctions and Economic Jurisdiction", "Foreign-related Legal Rule and the Establishment of New Institutions" and "Boundary Definition and Judicial Diplomacy". The guests at the meeting interpreted and analyzed the conceptual definition and rich practice of "foreign-related legal rule", and discussed the impact of "foreign-related legal rule" on international rules, international w88 and diplomatic relations. By sharing their respective research results and experiences, everyone is committed to the academic exchange between China and foreign countries and provides policy insights for China's growing legal influence in the world.

As the first speaker of the seminar, Teacher Gong Hongliu spoke about "Tackling Trump’s Reciprocal Tariffs in the WTO: A Compliance" Dilemma), it focuses on the response measures taken by WTO members led by China, such as resorting to the WTO, implementing countermeasures, and restarting bilateral negotiations, in response to the United States' aggressive increase in "reciprocal tariffs", and explores the WTO compliance issues involved.

Teacher Gong Hongliu (middle left) spoke at the seminar

As far as resorting to the WTO is concerned, Mr. Gong pointed out that the United States, as the defendant, has publicly invoked the "national security exception" to defend its "reciprocal tariffs". Therefore, we can examine its claimed reasons for implementing "reciprocal tariffs" (serious w88 deficits and the national emergency caused by it) and basis (such as "International Emergency" Economic Powers Act, etc.), can it meet the legal requirements under the WTO security exception clause? At the same time, the United States' strong stance insisting that this clause is "self-judging" can be combined with its domestic challenges and legislative and judicial dynamics to resist "reciprocal tariffs" to explore arguments that are beneficial to China and other WTO members.

As far as countermeasures are concerned, Teacher Gong sorted out China’s diversified countermeasures against “reciprocal tariffs” and believed that the potential contradiction between the latter and Article 23 of the WTO Dispute Settlement Procedure Rules (DSU) may be resolved by the current major crisis of paralysis of the Appellate Body, thus refuting the US’s accusations of violations of countermeasures by China and other WTO members. In addition, she also mentioned the use of “Appeal Arbitration” to temporarily replace the Appellate Body’s review, and suggested learning from the same soft law path to find space in the WTO for countermeasures commonly adopted by countries under the pressure of “reciprocal tariffs.”

During the discussion session, some guests asked about the prospects of resuming bilateral negotiations between the United States and China or other WTO members. Teacher Gong believes that this may involve "modification of tariff concession schedules" and the specific application of relevant WTO rules such as "regional w88 exceptions", and the aforementioned provisions have certain thresholds; this means that the modification of existing multilateral tariff concession commitments (which a group of WTO members such as the European Union, South Korea, and Brazil are currently doing or planning to do with the United States) - until it is expanded to free w88 agreement negotiations (such as Vietnam's request to the United States) - must meet the corresponding threshold conditions mentioned above in order for the negotiation results to be legitimate under the multilateral WTO.

After the seminar, Teacher Gong fully exchanged experiences with Chinese and foreign counterparts on the international exchanges and foreign-related talent cultivation work in charge, and explored the possibility of multi-party cooperation.


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