Charnovitz

I have often heard it said that non-discrimination is a fundamental principle of the WTO.  Yet I have never believed that for a moment.  The WTO is enamored with discrimination.   This can be seen in the way that the WTO encourages governments to discriminate between countries with antidumping duties and

The recent arbitration of the SCOO available for Antigua to use against the United States in the Gambling case featured some important developments  (WT/DS285/ARB, 12/21/07). Perhaps the most interesting is the new standard employed by the arbitrator to determine the counterfactual that would be used to

On October 15, Brazil's Ministry of External Relations posted a press release on the Cotton Dispute. The Ministry stated that the final report of the compliance panel "confirms the Brazilian understanding with regard to the insufficiency of the measures taken by the United States to comply with

The WTO Director-General has recently named the panel in the China Auto Parts case.  It appears to be an excellent panel.  It will be chaired by Julio Lacarte, a former Appellate Body member and veteran of at least six GATT or WTO panels.  The other two panelists are Ujal Singh

Unlike the rest of the world, I have made it a practice not to read leaked WTO panel reports.  I do this out of respect for the integrity of the WTO dispute settlement system.  Therefore, I did not have occasion to consider tackling the new Biotech report until it was