Marc Benitah

Intrigued by the Faroe Islands simultaneous WTO and UNCLOS complaints, I think I finally understand that the Faroe Islands hopes to benefits from a feature of UNCOS that is completely absent in the WTO dispute settlement process. The fact is that the International Tribunal for the Law of the SEA

I have noticed  that The Faroe Islands have recently referred the use of threats of coercive economic measures by the European Union, in relation to the Atlanto-Scandian herring, to an arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS). At the same

In the recent  panel reports relating to “ CANADA – CERTAIN MEASURES AFFECTING THE  RENEWABLE ENERGY GENERATION SECTOR” and “CANADA – MEASURES RELATING TO THE FEED-IN TARIFF PROGRAM” ,  the complainants ( namely,  the EU and Japan)  have asked the Panel not to limit its analysis to rejecting the benchmarks proposed by the parties,  and

After reading the previous post by Simon and the comment by Srikar, I am wondering what WTO provisions could be invoked by a complainant if supermarkets in France set up shelves with purely French products. First, following the relevant comment by Srikar, it is useful to emphasize that if Montebourg’

It is now established in WTO case-law that, apart from certain limited situations, the existence of a  Benefit arising from a financial contribution is based on the comparison between for example the terms of a loan and the market based commercial benchmark for an equivalent loan. It is implicit in

In the recent Boeing panel report,  the panel  decided  in the context of the fiscal regime of the State of Washington  that  “it  is not necessary for the Panel to resolve the issue of whether revenue to be foregone in the future constitutes a financial contribution for the purposes of

In the Kosovo case, the UN  General Assembly asked  the International Court of Justice (ICJ) whether Kosovo’s declaration of independence was “in accordance with international law”. The Court determined for all practical purposes that the term “in accordance with” is to be understood as asking  whether there is a

One of the profound insight of the political economy of the world trade system is the understanding of the role played by the multilateral system for helping governments to resist the pressure of  domestic lobbies. Everybody knows for example that most governments would be unable to cut even partially  agricultural

I have just finished reading the panel report relating to CVDs imposed by Mexico on Olive Oil from the European Communities, and it strikes me that the  arguendo technique has become pervasive in recent panel reports. What panels are really doing through this technique (certainly out of fear of the

Even when  legal analysts agree that the undervalued Yuan is equivalent to a subsidy under WTO rules, they disagree however about how to find in this instance,  “financial contribution”, “benefit” and “specificity”. I was curious to see how the recent draft of the “Currency Reform for Fair Trade Act” arbitrates