Devon Whittle
@devonwhittle
Previously DFAT, AGD OIL, and private practice. Now Global Shield. Posting on AI, trade, supply chain resilience, and more, from Australian perspective. Views only my own.
I smiled at this from @slatestarcodex.bsky.social's latest link round-up. It sometimes seems there's a bunch of people who "like doing hard things", except when the hard thing is international cooperation?
PERES's consultation provision (first screenshot) is less detailed than AOTES (other screenshots). PERES also doesn't have the carve-out for SPS and fisheries quota management that AOTES has. 8/11
PERES has a "shall endeavour" obligation to not use Art XI:2(a) to restrict essential supply exports, and an obligation to limit any restriction imposed and notify the other party if a restriction is imposed. 7/11
AOTES says the parties cannot use Art XI:2(a) of the GATT in relation to "essential supplies". Art XI:2(a) allows for export restrictions "to prevent or relieve critical shortages of foodstuffs or other products essential to the exporting contracting party" 6/11
PERES's definition of "supply chain disruption" (image 1) is shorter than AOTES (image 2) (mostly due to examples). Substantive differences are that AOTES applies to services and requires "significant" impact not just impact. PERES also says "as determined by either Party". 5/11
Under the AOTES there is a 7 page list of products by HS code (HS-4 with a non-published version at HS-6 digit level), separate for each party. 4/11
The draft ALP National Platform also contains this paragraph - doesn’t mean the government will do this, but renegotiating LMT waivers across Aus past agreements is a big task! laborconference.org.au/files/2026_A...
As always, @matt_levine's take on the OpenAI 5% offer to the USG is the best take. www.bloomberg.com/opinion/news...
Australia's Trade and Investment Agreements (Consultation) Bill 2026 will reform negotiation of FTAs/BITs. Some interesting design choices, eg scope, it prohibits signing agreements that have ISDS (among other things), and requires independent analysis of agreements. www.dfat.gov.au/news/news/tr...
Future of Investment and Trade Partnership (FIT-P) parties have issued a Joint Statement on Maintaining Open and Resilient Supply Chains, affirming their intent to keep supply chains open and refrain from new barriers in the context of the Hormuz closure www.mfat.govt.nz/en/media-and...
Aus Trade Minister at the National Press Club was asked about beef/lamb outcomes. His answer included reference to the broader value of Australia being seen to support rules-based "free and fair" trade: youtu.be/xag_sDj-GDU?...
Lots of interesting provisions in Indonesia's "Agreement on Reciprocal Trade" with the US ustr.gov/sites/defaul... But this one on not making digital services providers support news orgs is particularly interesting for Australia given upcoming reforms: piji.com.au/blog/news-ba...
Lots of interesting things in this analysis of China’s AI registry, including a “China-ASEAN Legal Model” - an AI tool for “legal coordination and mutual recognition between China and ASEAN”. Also explicitly linked to RCEP (see Google translate of dsjfzj.gxzf.gov.cn/dtyw/t211636...).
I don't see where the DEPA lets parties opt-out of modules? And has any DEPA party done this? The more plausible explanation of the 'module' language is that these could be 'picked up' by other agts ... but so can FTA chapters (modules are just chapters - as NZ's NIA says!).
UK and Indonesia have signed an Economic Growth Partnership, focused on cooperation/info-sharing including on clean energy, digital trade and supply chain resilience www.gov.uk/government/p... also refers to Indonesia’s OECD and CPTPP ambitions
The release of Australian Government Cabinet records from 2005 today includes two trade-related minutes. The first on Australia's Trade Negotiating Agenda (recordsearch.naa.gov.au/SearchNRetri...), the second on the Australia-China Free Trade Agreement (recordsearch.naa.gov.au/SearchNRetri...)
More detail on the October IPEF supply chain tabletop exercise including that it focused on critical minerals disruptions: biz.chosun.com/en/en-policy...
And also other initiatives including some joint interpretations for Investment (on NT, MFN, MST, right to regulate, and dominant and effective nationality), and dialogues on economic coercion (to share info and coordinate responses) and market distorting practices. 8/8
And tucked in an Annex, more detail on the upgrade - featuring domestic regulation in Services, AI and other issues in E-Commerce, and supply chain resilience. 7/8
No Secretariat yet, but a "Unit" (with upper case U) is coming to "provide administrative support". Report on the Unit due in 2026. 6/8
The first General Review is done and upgrade negotiations are coming for E-Commerce, Services, Trade Facilitation, and Women's Economic Empowerment. 5/8
Costa Rica accession still going... just a reporting coming in a month and aim to conclude "in a timely manner". But next negotiation to start with Uruguay, and then potential for UAE, Philippines and Indonesia to commence in 2026 (without any guarantee of membership). 3/8
A few references made to economic cooperation and market distorting practices - the former particularly relevant given China's recent measures against Japan. 2/8
Australia's Dept of Industry, Science and Resources has launched a consultation on reforms to Australia's trade remedies system (submissions due 14 Dec) - "Australia faces heightened risks from unfairly priced imports and shifting regulatory landscapes": consult.industry.gov.au/strengthenin...
Interesting tool from the Lee Kuan Yew School of Public Policy - the Anatomy of Choice Alignment Index shows how ASEAN’s Member States have shifted between China and the US on range of indicators including trade www.hinrichfoundation.com/research/art...
Enjoyed this redaction from a New Zealand cabinet paper release - I wonder what the AEM meetings were dominated by... www.mfat.govt.nz/assets/OIA/O...
Malaysia’s MITI has released a FAQ on its recent Agreement on Reciprocal Trade with the US: www.miti.gov.my/ART including pushback on idea that it requires Malaysia to follow US trade measures
Jotted down some of my thoughts on last week’s US deals with Cambodia and Malaysia, focused on services and digital trade: open.substack.com/pub/tradenot...
RCEP Leaders Summit Statement is out (asean.org/wp-content/u...) Two points: 1) the commitment to not breach RCEP, potentially pointed at requirements in new US deals? 2) RCEP General Review & digital trade, would upgrading digital trade rules conflict with US deals?
Lots being written on the US deals with Malaysia, Cambodia, etc. Some of this drafting is interesting - this provision just refers to "certain countries". Assume the details will be agreed later?