International Economic Law and Policy Blog

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Simon Lester

Guest Post: A new player enters the trade remedy game

This is a guest post from trade lawyer Victor Crochet: On 31 January 2020, the United Kingdom (UK) formally left the European Union (EU). An 11-month transition period that is scheduled to end on 31 December 2020 is now in place. During this period, new trade remedy investigations will continue

USTR's Report on the Appellate Body (With a Comment on DSU Article 11)

USTR's 121 page "Report on the Appellate Body of the World Trade Organization" is here. A lot of it seems to have been taken from U.S. statements to the DSB over the past couple years, although I have only skimmed it at this point. For

Agreement Not to Appeal and Possibility of an Article 25 Appeal in a Case Involving the U.S.

This is from the Understanding between the Republic of Korea and the United States regarding procedures under articles 21 and 22 of the DSU in the DS488 case: 4. Following circulation of the report of the Article 21.5 panel, either party may request adoption of the Article 21.5

Trade in Last Night's Democratic Primary Debate

The candidates were asked about some trade/climate issues in last night's debate. Here's what they said: David Muir: (52:49) ... I want to turn to climate change and jobs here in America. President Trump just signed the United States-Mexico-Canada Agreement, many call it an updated

Guest Post: Pragmatism and flexibility in UNCITRAL Working Group III: Too much of a good thing?

This is a guest post by Lise Johnson and Lorenzo Cotula On January 20-24, 2020, delegates to UNCITRAL’s Working Group III met in Vienna to continue their work on ISDS reform. This was the first session devoted to discussing “structural” reforms, such as a standing investment court and an

Is a Safeguard Measure Related to an Anti-Dumping Measure?

This is from the WTO's summary of last week's DSB meeting: Morocco said that the anti-dumping measure at issue in its dispute with Turkey in DS513, "Morocco — Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey", expired on 26 September 2019, and that Morocco therefore

Interpreting EU Law under the New UK/EU Trade Arrangement

This is from the EU draft mandate for negotiations with the UK: Should a dispute raise a question of interpretation of Union law, which may also be indicated by either Party, the arbitration panel should refer the question to the CJEU as the sole arbiter of Union law, for a

A Couple Comments on Boris Johnson's Trade Speech

UK Prime Minister Boris Johnson said the following in a speech today: We have the opportunity, we have the newly recaptured powers, we know where we want to go, and that is out into the world. And today in Geneva as our ambassador Julian Braithwaite moves seats in the WTO

Guest Post: Update from ‘the Void’: Questions for the new Interim Appeal Agreement (IAAA)

This is a guest post by Mattijs Kempynck* & Akhil Raina** Introduction: Learning how to say ‘I-A-A-A’ The recent Davos summit filled in the ‘void’ somewhat. Ever since the World Trade Organization’s (WTO) Appellate Body (AB) became non-functional in early December last year, commentators of all hues had been

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020 The annual SIEL / JIEL / OUP Essay Prize is awarded to the best essay submitted on any topic in the field of international economic law. It is open to all current undergraduate and graduate students of any university or other