International Economic Law and Policy Blog (Page 101)

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Can the WTO Discipline China's Export Credits?

This is from an article by Kristen Hopewell about China's growing use of export credits: 6.2. Inadequacy of World Trade Organization disciplines Amid the weakening of the OECD Arrangement’s authority and the inability to reach agreement on a new version to replace it, one might expect

DSU Article 11 vs. DSU Article 12.7

Last week I blogged about U.S. concerns with DSU Article 11. In the U.S. view, the Appellate Body has set the standard for such appeals too low (if such appeals should be allowed at all), leading to a proliferation of such appeals and contributing to the slowdown in

Is a return to the appellate body as originally intended possible?

I was struck by two particular passages in the USTR Report on the Appellate Body, and wonder whether they signal the USTR’s intention about the future of the WTO Dispute Settlement system. The first is paragraph 3 of the Introduction: On a more fundamental level, this [AB] overreaching also

The U.S. Critique of the Appellate Body's GATT Non-Discrimination Jurisprudence

In its Report on the Appellate Body issued earlier this week, USTR makes the following point about the Appellate Body's non-discrimination jurisprudence: Articles I:1 and III:4 of the GATT 1994 and 2.1 of the TBT Agreement set out Members’ national treatment and most-favored-

Statement on USTR Report on the Appellate Body

On February 12, 2020, I provided this statement to reporters inquiring about the recent USTR report. I post it here for anyone interested: It’s a sophomoric Report teeming with misstatements.. The Report avers that the Appellate Body “chronically violates the rules imposed by WTO Members” which is false regarding

Forthcoming discussion of a Multilateral Investment Court

A Multilateral Investment Court: a rise for international adjudication or an exercise in futility? Thursday 05 March 2020 5:30pm to 8:00pmHosted by the Department of Law Registration: https://www.eventbrite.com/e/a-multilateral-investment-court-a-rise-or-an-exercise-in-futility-registration-90128710399 Hosted by Dr

UNCITRAL and ISDS Reform: Plausible Folk Theories

By Anthea Roberts and Taylor St John As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward. One thing that we are

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

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

UNCITRAL and ISDS Reforms: What Makes Something Fly?

By Anthea Roberts and Taylor St John When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first concerns the negotiations themselves. Once you’ve taken off and achieved a certain cruising speed and altitude, how