International Economic Law and Policy Blog (Page 104)

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Making WTO Dispute Settlement Work without the Appellate Body: How the Threat of Unilateral Retaliation Could Be Used to Incentivize the Adoption of Panel Reports

There is a justified fear that, once the WTO Appellate Body goes out of business in a few days, the entire edifice of WTO dispute settlement will collapse like a house of cards. The key concern from a structural perspective is not the demise of the Appellate Body per se,

Comments on the Appellator Graham Affair

Comments on the Appellator Graham Affair Steve Charnovitz 2 December 2019 A report on World Trade Online this afternoon states that Appellate Body Chair Thomas Graham is threatening to resign from the Appellate Body when his term ends on December 10 unless the WTO ousts the Mr. Werner Zdouc, the

A WTO If You Can Keep It

"A WTO If You Can Keep It" Steve Charnovitz 30 November 2019 This is a brief announcement of my new essay "A WTO if you can keep it" published in Questions of International Law, November 2019. The essay provides a historical account of the World Trade

Third Party Adjudication vs. Unilateralism

Here's one more post based on the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 16:43 Can I ask a bit more of the details on the enforcement piece? Is what we're thinking about if there is a deal that has some kind of

Interpretation and Judging at the WTO

Here's more from the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 33:26 But can I ask you, then, where is our constructive proposal to have this conversation? So we haven't gotten it from the Europeans or the Chinese or anything yet, but where

The Role of Voters and Policymakers in U.S. Trade Policy, Then and Now

The recent Trade Talks podcast with former USTR General Counsel Stephen Vaughn was very informative. Soumaya and Chad have been kind enough to put together a transcript of the episode. There's a lot to talk about in there. I'm going to kick things off with one

Call for Submissions: Trade, Law and Development

This is from the Managing Editor of Trade, Law and Development, a student-run journal at the National Law University, Jodhpur, India: The Journal is now inviting unpublished manuscripts for publication its 12th Anniversary Special Issue (Vol. 12 No.1, Summer ’20 Issue) on the theme "Trade in Services: A

India-Export-Related Measures

The Panel Report in India-Export-Related Measures (DS541) is a good example of WTO dispute settlement doing what it should, which is delivering the outcomes agreed by the Members, as reflected in the text of the WTO Agreement. When the Subsidies Agreement refers to eight years "from the entry into

WTO Dispute Settlement and the Appellate Body Crisis: Insider perceptions and Members’ revealed preferences

Bernard Hoekman sends along this summary of a newly released paper: The Appellate Body crisis usually is presented as the U.S. against the world. Many WTO Members have made clear that they regard a dysfunctional AB as a serious problem for the trading system. One reason is that, depending

Investment Arbitration Reporter Seeks New Contributors/Analysts

This is a great opportunity for young folks in the field of international investment law: Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors IAReporter offers specialized reporting on developments in the field of international investment law. We read and digest legal