International Economic Law and Policy Blog (Page 103)

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"Why did the Appellate Body feel free to disregard the clear text of the agreements?"

The U.S. keeps asking a question along the lines of "why did the Appellate Body feel free to disregard the clear text of the agreements?" Here's an answer provided by Ambassador Shea at today's General Council meeting: ... For nearly a year, in the

The Attack on the Appellate Body- Events of 6 December 2019

Steve Charnovitz The WTO community is abuzz about a draft Decision that is slated to be considered by the WTO General Council on Monday. The Decision on "Functioning of the Appellate Body" is posted on the WTO portal. The Decision is designated as an Article IX:1 decision

The Discrimination Standard under Section 301

This is from the Section 301 report on France’s Digital Services Tax issued by USTR earlier this week: A. France’s Digital Services Tax Discriminates Against U.S. Digital Companies The evidence collected in this investigation, including witness testimony, written comments, news reports, and expert commentary, indicates that the

Guest Post on Carbon Border Adjustment

This is a guest post from trade lawyer Bernard O'Connor: Reinhard Quick has written a blogpost questioning the idea of a border carbon adjustment. He raises some very good points. It goes without saying that a border adjustment for internal direct taxes must be trade neutral and must

The Attack on the Appellate Body- Events of 5 December 2019

The Attack on the Appellate Body- Events of 5 December 2019 Steve Charnovitz A story on World Trade Online by Hannah Monicken just crossed my desk in which she wrote: "Even those who do not view Zdouc as part of the problem could begin to view his now-public divisiveness

What Happens To Pending Appeals For Which, Next Week, Ruled 15 Would Not Be Exercised?

I have been asked by several people what will happen with the 10 pending appeals that will (apparently) not be carried over next week. Indeed, according to press reports only 4 of the 14 currently pending appeals, for which hearings already took place, will continue under Rule 15 (Note that,

The Attack on the Appellate Body- Events of 4 December 2019

Steve Charnovitz At today's DSB meeting, press reports state that the US representative "charged that China and the EU, in calling for the continued use of Rule 15, were supporting what the U.S. sees as the Appellate Body’s blatant rule breaking." In addition, the

The Attack on the Appellate Body- Events of 3 December 2019

Steve Charnovitz 3 December 2019 I was delighted to see the open letter from two current and one former member of the Appellate Body disputing yesterday's news item that various Appellate Body members are seeking the ouster of the Director of the Appellate Body Secretariat. When I wrote

Letter from Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao

In the context of the ongoing Appellate Body crisis, here is a letter to the WTO DG sent by Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao: Dear Director-General, Regarding recent media articles, we have deep concerns about the breach of confidentiality and the misrepresentations

With No Appellate Body, Fear Over (Not Under) Enforcement of WTO Rules

Nicolas’ post on how unilateral retaliation may limit “appeals into the void” reminds me of a misleading statement I keep reading in the press these days. Many seem to believe that with the demise of the Appellate Body (AB), the WTO will lose its “bite”, i.e., that pre-Dec. 11