International Economic Law and Policy Blog

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Simon Lester

The ITC's USMCA Report: The IP Section

This is from the IP section of the ITC's USMCA report (starts on p. 213): Modeling of Changes to Key IPR Provisions The Commission’s quantitative assessment of the effects of key IPR changes in USMCA identifies the statistical relationships between trade in certain IPR-intensive manufacturing sectors and

The ITC's USMCA Report: The ISDS Section

This is the ISDS section of the ITC's USMCA report (starts on p. 199, footnotes omitted): Modeling of Changes to Key ISDS Provisions The Commission’s quantitative assessment of the ISDS provisions sought to identify how the changes in ISDS provisions could affect the U.S. economy as

Highlights of the ITC Report on the USMCA's "Likely Impact on the U.S. Economy and on Specific Industry Sectors"

Here's the headline number from today's ITC report on the impact of USMCA: The Commission’s model estimates that USMCA would raise U.S. real GDP by $68.2 billion (0.35 percent) and U.S. employment by 176,000 jobs (0.12 percent). The model

Peremptory Challenges during Panelist Composition in NAFTA 2.0

This is from the dispute settlement chapter of USMCA (Inu pointed it out to me): Article 31.9: Panel Composition ... 3. A panelist shall normally be selected from the roster. A disputing Party may exercise a peremptory challenge against an individual not on the roster who is proposed as a

Shaffer and Gao on China's Marshall Plan

Greg Shaffer and Henry Gao have a new paper called "A New Chinese Economic Law Order?" Here is the abstract: China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and

The Evolving Role of Precedent in WTO Dispute Settlement

Here are some snippets from today's panel report in the DS534 case (report, addendum with interim review section): 7.56. .... We recall that the panel in US – Washing Machines concluded, relying on the definition of pattern as a regular and intelligible form or sequence, that prices that are

DSU Reform Proposals from Andy Stoler

Former WTO DDG Andy Stoler has some proposals for changes to WTO DS in response to the Appellate Body crisis. I don't agree with all of them, but they are certainly interesting. Some of them are pretty bold! Here are a few: Review of facts / treatment of municipal

The Russia - Traffic in Transit Panel Report

The Russia - Traffic in Transit panel report was circulated today. The big systemic issue here is the interpretation of GATT Article XXI, and the question of to what extent panels or the AB can scrutinize challenged measures when Article XXI has been invoked. Recall that GATT Article XXI says:

Planning for Life Without the Appellate Body

This is from the Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding between Indonesia and Viet Nam in the Indonesia – Safeguard on Certain Iron or Steel Products (DS496) dispute: 7. The parties agree that if, on the date of the circulation of the panel report under

Tobacco Etc. Carveout in the New Australia-Hong Kong Investment Agreement

Recall that the tobacco carveout originated in the TPP, but has now spread to new FTAs/IIAs involving Singapore. Interestingly, the tobacco carveout was not in the recent Australia-Indonesia FTA (there was a broader public health exclusion instead), but it does appear in the revised Australia-Hong Investment Agreement (their original