International Economic Law and Policy Blog (Page 105)

International Economic Law and Policy Blog

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Is the European Union Outsourcing Public International Law to Save the WTO Dispute Settlement System?

Upon the Appellate Body having being paralyzed, the European Commission has promptly moved to secure its trade interests by arming itself with the retaliatory power, also creating the position of “Chief Trade Enforcement Officer.” The Commission’s proposal is reminiscent of Nicolas Lamp’s earlier post on the threat of

A First Look at the New Labor Provisions in the USMCA Protocol of Amendment

Fourteen months ago, I described on this blog a bit about the labor provisions in the pre-scrubbed USMCA language. With yesterday’s Protocol of Amendment, we have a lot more text to discuss – including changes that make one wonder whether the old reference to the “May 10[, 2007]” bipartisan

The NAFTA/USMCA Panel Blocking Issue Looks Like It Has Been Fixed (Probably)

Here is the relevant text of the Protocol of Amendment to the USMCA (released earlier today) related to panel rosters and composition: C. In Article 31.8 (Roster and Qualifications of Panelists), replace the text of paragraph 1 with the following text: “1. The Parties shall establish, by the date

The Missed Opportunity to Save WTO Dispute Settlement

The Attack on the Appellate Body - Events of 10 December 2019 Steve Charnovitz Today, the Standing Appellate Body was felled by the attack of the Trump Administration. By making appellate adjudications impossible, the Trump Administration is now empowered to strategically appeal any WTO panel decision against the US knowing that

Guest Post: Transfer of the International Investment Bank from Moscow to Budapest: A Trojan Horse in the Making

This is a guest post from professors Marcin Menkes and Jerzy Menkes: On February 5, 2019, Hungary agreed to the transfer of the International Investment Bank’s seat from Moscow to Budapest. An international financial institution, which despite Russia’s major stake has already been exempted from EU sanctions, enters

The Myth of No WTO Precedent

The Attack on the Appellate Body- Events of 9 December 2019 Steve Charnovitz Today in Geneva, the US ambassador to the WTO, Dennis Shea delivered a Statement to the General Council that was posted on the US Mission portal. His Statement is replete with misstatements. I hope that WTO member

"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