Is “rebuttable presumption” a new thing in US foreign policy? (presumption of Xinjiang forced labor)

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The Politicus
Dec 26, 2021 09:13 PM 0 Answers
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CNN's article Biden signs bill banning goods from China's Xinjiang over forced labor says:

The Uyghur Forced Labor Prevention Act is part of the US pushback against Beijing's treatment of China's Uyghur Muslim minority, which Washington has labeled genocide.

The bill passed Congress this month after lawmakers reached a compromise between House and Senate versions.

Key to the legislation is a "rebuttable presumption" that assumes all goods from Xinjiang, where Beijing has established detention camps for Uyghurs and other Muslim groups, are made with forced labor. It bars imports unless it can be proven otherwise.

Some goods — such as cotton, tomatoes, and polysilicon used in solar-panel manufacturing — are designated "high priority" for enforcement action.

China denies abuses in Xinjiang, a major cotton producer that also supplies much of the world's materials for solar panels.

Perhaps the most familiar form of Rebuttable presumption is the presumption of innocence in a criminal proceeding, but in this case it's essentially a presumption of guilt.

Is CNN highlighting something that's at least somewhat new, different and unusual in US foreign policy, or is this used somewhat regularly?

Question: Is Rebuttable presumption a new thing in US foreign policy? (presumption of Xinjiang forced labor)

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  • December 26, 2021