Marc Benitah

I have noticed for a long time that, in the CVD context of determination of injury, the US  national legislation is at odds with the mirror WTO provision. In the US, Section 771(7)(C)(i) of the Act provides that the “Commission shall consider whether the volume of imports

The global climate change conference in Paris has adopted the draft of an international treaty aimed at transforming the world's fossil fuel-driven economy within decades and slowing the pace of global warming to well below 2 degrees Celsius. Many consider this text as “historic” and  according to Mr

The canon of interpretation ejusdem generis states that where a listing of particular persons or things is FOLLOWED by a general term, the general term must refer to the same kinds of persons or things previously listed. In other words, the general term is limited by things ejusdem generis -

In his book, Capital in the Twenty-First Century, Thomas Piketty establishes a fact that many people have not suspected. Whereas many suspected the confirmed fact that a gap has opened up after the seventies between the top 10 percent and average income earners, many did not suspect that the gap

In the previous “Currency Reform for Fair Trade Act”, the benefit to the recipient from an undervalued currency was defined in an intuitive way. According to this Act, a benefit exists in the case of an undervalued currency: ... if the exporter or producer receives or is entitled to receive more

The more I read Appellate Body Reports, the more I notice (not infrequently) that  when really difficult interpretative issues are at stake, then don’t count on the Appellate Body to make things easier for you. In other words, my impression is that the Appellate Body has developed a series

In the context of the present fast track negotiations, a recent article in the New York Times points out the following aspect: The Obama administration fears that prohibitions on currency intervention could boomerang on Washington, allowing trading partners to challenge policies of the Federal Reserve Board. In the implicit view

In a recent CATO paper entitled “Currency Manipulation and the Trans-Pacific Partnership: What Art Laffer, Fred Bergsten, and Other Hawks Get Wrong”, Daniel J. Ikenson writes about applying countervailing duties to currency manipulation: Even though any benefits conferred by suppressing a currency’s value are available broadly to producers in

According to Article XVI:6 of WTO Agreement, the texts of the WTO Agreements are authentic in each of the three WTO official languages. What happens then when an Appellate Body’s interpretation made on the basis of the English text of an Agreement is unsustainable on the basis on

For those of you who may have missed this interesting free new publication by the WTO, I point out " The History and Future of the World Trade Organization" by Craig VanGrasstek. It can be downloaded HERE for free as PDF. I looked through it, and I was surprised