International Economic Law and Policy Blog (Page 103)

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Reply to Prof. Petersmann: Why the end of the Appellate Body must not mean the end of independent third-party adjudication

Dear Ulli, On a slightly more optimistic note than your post of yesterday (and realizing that with corona, other, more important issues are on people's minds), I think you are unnecessarily equating “independent third-party adjudication” with the specific incarnation that the Appellate Body has taken after 25

SIEL 2020 Conference Postponed

The following is a notice from SIEL: To the SIEL Community: In light of the evolving situation regarding the COVID-19 crisis, the SIEL Executive Council has decided to postpone the 2020 SIEL Conference, which was schedule to take place in July 2020 at Bocconi University in Milan. We have

Guest Post: WTO ADJUDICATION@me.too: Hidden in plain sight

This is a guest post from Prof. Ernst-Ulrich Petersmann, European University Institute Florence Humanity knows from Greek mythology and from the Bible that third-party adjudication emerged and developed in response to never-ending human tragedies (like the pursuit of Orest by the goddesses of revenge punishing Orest’s

Is the Virus Killing Globalization? There’s No One Answer

By Anthea Roberts and Nicolas Lamp Narratives provide the storylines through which people make sense of the world. Actors strategically deploy narratives to advance agendas, telling stories about what or who is to blame and what should be done. When it comes to the coronavirus, multiple narratives are emerging. Instead

U.S. "Wins" and "Losses" in WTO Disputes

With Trump complaining about the WTO treating the U.S. unfairly, I get asked now and then about U.S. "wins" and "losses" in WTO disputes. How does the U.S. fare as a complainant and as a respondent? It's a difficult question. A

The UK-EU Trade Talks: The "Level Playing Field"

One of the most controversial aspects of the UK-EU trade talks has to do with the "level playing field." Simplifying things a bit, these are the EU demands that the UK not change its regulation so as to give its producers an advantage over EU competitors. In

EU Proposal on UK-EU Disputes Raising Questions of European Union Law

A version of the EU's proposed "Draft text of the Agreement on the New Partnership between the European Union and the United Kingdom" is available here (this may be a leaked version, with some edits before an official one is published). There's a lot

It Sure Looks Different from the Inside, and Now the Outside Too? (or "Graham on Graham")

Simon Lester's posts about Tom Graham's recent speech on the Appellate Body ("AB") reminded me the speech Graham gave back in 2013, which was "[s]oon after [he] joined the Appellate Body". When I re-read the 2013 speech entitled "It

Tom Graham's Full Speech on the Appellate Body

Last week, I posted about the Inside US Trade summary of Tom Graham's remarks on the Appellate Body (entitled "The Rise (and Demise?) of the WTO Appellate Body"). I now have the full text, which is here. Here is one part: Soon after I joined the

The Trump Administration's Shameful Attack on Appellator Zhao

The Trump Administration's Shameful Attack on Appellator Zhao 5 March 2020 Steve Charnovitz On 5 February 2020, I posted a paper, <https://ielp.worldtradelaw.net/2020/02/the-illegitimate-ab-report-in-russia-railway-equipment-.html>, explaining why the Appellate Body's February 3 decision