How the US can enforce an “unenforceable” IPEF
Third World Network | August 2023
How the US can enforce an “unenforceable” IPEF
by Jane Kelsey
The proposition that the Indo-Pacific Economic Framework for Prosperity (IPEF) will not be enforceable
is an illusion. Whether or not the IPEF texts, especially Pillar 1 on Trade, contain a dispute mechanism that
empowers enforcement by the United States – because the IPEF is all about the US – there are numerous
other potent means for the US to enforce IPEF obligations and commitments against the other parties. Given
the current focus of political concern over governments’ unilateral recourse to “economic coercion”, it is
timely for participating states to consider these implications closely in the context of the IPEF.
This briefing examines three unilateral options available to the US to enforce the IPEF:
A. Congressional legislation that requires certification of compliance by IPEF parties
B. Denial or withdrawal of the Generalized System of Preferences
C. Section 301 investigations and sanctions.
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