Normative Realignment in Domestic Trade Barriers Procedures: Driving Unilateralism in the EU, US, and China

Abstract This article critically examines the evolution and potential of domestic trade barrier procedures in the US, EU, and China. Emblematic of this mechanism is US Section 301. Aimed at facilitating market access, these procedures function as tools of unilateralism and strategic leverage. Employing qualitative and comparative methods, the analysis explores their use in handling private complaints and combating adverse trade practices, highlighting a trend of ‘normative realignment’ in the deployment of these procedures. Once focused on resolving private grievances, such procedures are now increasingly playing a role in securing national interests. This shift marks a departure from traditional international cooperation, reflecting a recalibration of trade policies. Against the backgroup of growing encystment of unilateralism, the article argues that domestic trade barrier procedures could be adapted to address the demands of the current global economic environment. The article posits that, if executed properly, domestic trade barrier procedures may serve as a buffer mechanism vis-a-vis the tectonic shifts in economic order. In doing so, the article envisions a new generation of domestic trade barrier procedural frameworks.