super 301

Back to Aggressive Unilateralism in Washington

From the mid 1970s through the early 1990s, the United States pursued a trade strategy that was dubbed by Jagdish Bhagwati as “aggressive unilateralism.”  Under this set of policies, the United States was accused of acting as judge, jury and executioner.  We are going back to the future with the publication of the National Trade Policy Agenda for 2017.  The US crafted a set of policies with built-in retaliation grouped under section 301, special 301 and, especially, super 301, of US trade law.  Under these rules, the United States decided on its own whether trade partners were practicing “fair” trade.  If not, the US could require unilateral liberalization without any concessions from the United States.