International Economic Law and Policy Blog

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Nicolas Lamp

A Historical Perspective on India‘s and South Africa’s Threat to Block the Implementation of the Joint Statement Initiatives in the WTO, and a Potential Way Forward

Late last week, India and South Africa circulated a paper on the “Legal Status of ‘Joint Statement Initiatives’ and their Negotiated Outcomes” that was widely perceived as a threat to block the implementation of the four Joint Statement Initiatives in the WTO (Peter Ungphakorn has described it as “pouring cold

Making WTO Dispute Settlement Work without the Appellate Body: How the Threat of Unilateral Retaliation Could Be Used to Incentivize the Adoption of Panel Reports

There is a justified fear that, once the WTO Appellate Body goes out of business in a few days, the entire edifice of WTO dispute settlement will collapse like a house of cards. The key concern from a structural perspective is not the demise of the Appellate Body per se,

Does the US Accept Rebalancing as an Appropriate Response to National Security Measures in its Steel/Aluminum Settlements with Canada and Mexico?

The agreements reached between the US and Canada/Mexico, respectively, to bring an end to the Section 232 measures on steel and aluminum and the retaliatory measures adopted by Canada and Mexico contain the following provision: “If the importing party takes such action [i.e. if the US re-imposes the

Three Scenarios for the Future of the WTO Appellate Body, or: Why WTO Members Should Start Negotiating a DSU 2.0

A fundamental uncertainty bedevils attempts to unblock the appointment process of WTO Appellate Members: is the US holding up Appellate Body appointments in order to generate enough leverage for a negotiated reform of WTO dispute settlement? Or does the US seek to abolish the Appellate Body (in effect if not