International Economic Law and Policy Blog (Page 105)

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Guest Post: Facilitating WTO-compliant Responses to International Public Health Emergencies

This is a guest post from Jingyuan "Joey" Zhou, Professor of Practice at University of Arizona Law School Introduction As exemplified by COVID-19,[i] a Public Health Emergency of International Concern (PHEIC)[ii] incidence and past PHEIC incidences like H1N1, Ebola, and MERS, governments take significant actions

A Few Responses to USTR's 2020 Trade Policy Agenda and 2019 Annual Report

In the last post, I said that going through USTR's 2020 Trade Policy Agenda and 2019 Annual Report page by page and responding to every point "would be exhausting and would probably not achieve much." But I'm going to do a little bit of

How To Get Countries To Lower Their Tariffs

USTR's 2020 Trade Policy Agenda and 2019 Annual Report was released today. Among other things, it includes a lot of complaints about the WTO, and clearly reflects the trade views of the Trump administration. There's a part of me that would like to go through page

Guest Post: Neo-liberalism vs Ordo-liberalism: Beware the 2020 USTR Report on the WTO Appellate Body

This is a guest post from Prof. Ernst-Ulrich Petersmann, European University Institute Florence In his recent book on Globalists. The End of Empire and the Birth of Neoliberalism (Harvard University Press 2018), history Professor Q. Slobodian describes the WTO as ‘the paradigmatic product of Geneva School neoliberalism’ (at p.

Guest Post: The EU-UK Future Relationship: A Trade or Governance Agreement?

This is a guest post from law professor Geraldo Vidigal: 1. A New Partnership Agreement It was perhaps predictable. On 25 February 2020, the Council of the European Union (EU) authorized the opening of negotiations for a ‘new partnership agreement’ (NPA) with the United Kingdom (UK). Attached to the authorization

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