International Economic Law and Policy Blog (Page 106)

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Forthcoming discussion of a Multilateral Investment Court

A Multilateral Investment Court: a rise for international adjudication or an exercise in futility? Thursday 05 March 2020 5:30pm to 8:00pmHosted by the Department of Law Registration: https://www.eventbrite.com/e/a-multilateral-investment-court-a-rise-or-an-exercise-in-futility-registration-90128710399 Hosted by Dr

UNCITRAL and ISDS Reform: Plausible Folk Theories

By Anthea Roberts and Taylor St John As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward. One thing that we are

Guest Post: A new player enters the trade remedy game

This is a guest post from trade lawyer Victor Crochet: On 31 January 2020, the United Kingdom (UK) formally left the European Union (EU). An 11-month transition period that is scheduled to end on 31 December 2020 is now in place. During this period, new trade remedy investigations will

USTR's Report on the Appellate Body (With a Comment on DSU Article 11)

USTR's 121 page "Report on the Appellate Body of the World Trade Organization" is here. A lot of it seems to have been taken from U.S. statements to the DSB over the past couple years, although I have only skimmed it at this point. For

UNCITRAL and ISDS Reforms: What Makes Something Fly?

By Anthea Roberts and Taylor St John When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first concerns the negotiations themselves. Once you’ve taken off and achieved a certain cruising speed and altitude, how

Agreement Not to Appeal and Possibility of an Article 25 Appeal in a Case Involving the U.S.

This is from the Understanding between the Republic of Korea and the United States regarding procedures under articles 21 and 22 of the DSU in the DS488 case: 4. Following circulation of the report of the Article 21.5 panel, either party may request adoption of the Article 21.5

Trade in Last Night's Democratic Primary Debate

The candidates were asked about some trade/climate issues in last night's debate. Here's what they said: David Muir: (52:49) ... I want to turn to climate change and jobs here in America. President Trump just signed the United States-Mexico-Canada Agreement, many call it

Upcoming Conference & Essay Competition of Possible Interest

Two announcements of interest, especially for those teaching trade or customs law this academic year in the case of the first, or for those looking for an excuse to come to Miami next week in the case of the latter -- First, the University of Miami School of Law and Customs

The Illegitimate AB Report in Russia - Railway Equipment

The Illegitimate AB Report in Russia - Railway Equipment Steve Charnovitz 5 February 2020 I write this commentary reluctantly. The World Trade Organization's Appellate Body has been unfairly maligned by the Trump Administration and by the international trade law community. I say "unfairly" because so far, all

Guest Post: Pragmatism and flexibility in UNCITRAL Working Group III: Too much of a good thing?

This is a guest post by Lise Johnson and Lorenzo Cotula On January 20-24, 2020, delegates to UNCITRAL’s Working Group III met in Vienna to continue their work on ISDS reform. This was the first session devoted to discussing “structural” reforms, such as a standing investment court and