Marc Benitah

In a previous post, I indicated that Pakistan lodged an appeal  regarding the "break the causal link" approach adopted by the European Commission in  EU – PET (Pakistan).   In this case, the EU Commission began, as usual, its causation analysis by considering first  that a causal link existed between

There are no WTO definitions of “developed” and “developing” countries. Members announce for themselves (the so-called “self-election” principle) whether they are “developed” or “developing” countries. This is considered as a consequence of the  principle of sovereignty which includes the right of states to proclaim that they are developing countries and

In EU – PET (Pakistan), the EU Commission began, as expected, its causation analysis by considering  that a causal link existed between subsidized imports and injury to the domestic industry. The Commission then assessed the “effect of other factors” and found that none broke this link. Thereafter, the Commission concluded that

In its speech relating to the decision to withdraw from the Paris Climate Agreement, President Trump emphasized that “I cannot in good conscience support a deal that punishes the United States...the world’s leader in environmental protection, while imposing no meaningful obligations on the world’s leading polluters”. While

According to some sources, China has charted out a $300 billion plan to become nearly self-sufficient by 2025 in a range of important industries, from planes to computer chips to electric cars as it looks to kick-start its next stage of economic development. This so-called “Made in China 2025” program

Everyone familiar with the Kevin Brady/Paul Ryan "Blueprint" cash flow tax seems to agree that the first line of defense of the United States before a WTO Panel would be to argue that this tax is akin to VAT (Value Added Tax).  Let us recall that VAT

As pointed out by Simon, Robert Lighthizer is probably the next U.S. Trade Representative. In this regard, it is interesting to note that Lighthizer told a congressional panel in 2010 that the WTO's dispute resolution system was ineffective and that the United States “should consider aggressive interpretations

As we now know, a unanimous Award has just been issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration instituted by the Philippines against China. China has repeatedly stated that “it will neither accept nor participate in

As we now know, the United States has informed the chairman of the WTO Dispute Settlement Body that it cannot support the reappointment of South Korean national Seung Wha Chang to the Appellate Body. The United States justifies its position by the fact that it “ will not support any individual

In India-Solar Cells, the United States' first request for consultations was also made (beyond TRIMS and Article III:4 of GATT 94) pursuant to Articles 4 of the SCM prohibiting subsidies contingent about the use of domestic products. However, the United States' second request for consultations was not