International Economic Law and Policy Blog (Page 108)

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Ukraine-AD Measures on Ammonium Nitrate - Can below-cost input prices be rejected?

I just spent an hour looking at the Appellate Body's decision in this case, which relates to Ukraine's rejection of natural gas prices in Russia for the purpose of calculating exporters' costs of production. The Appellate Body upheld the Panel's ruling that Ukraine

A $7.5 Billion Ammunition from the WTO?

At long last, the Article 22.6 Report of the Arbitrator on the Boeing-Airbus dispute is out. Note that this dispute concerns an original dispute in which the United States (on behalf of Boeing) sued the European Union for the latter’s subsidies on Airbus. Another report in a parallel

Question from the U.S.: Why has the Appellate Body felt free to depart from what Members agreed to?

This is from the U.S. statement at Monday's DSB meeting: Indeed, for several months, both within the Informal Process and outside, the United States has actively sought engagement from Members on what we believe to be a fundamental issue. That is, how have we come to this

Guest Post: A Carbon Border Tax or A Climate Tariff?

This is a guest post from Reinhard Quick, Professor for International Economic Law, Saarland University, Dr. iur. (University of Mannheim), LL.M (University of Michigan) The political guidelines for the next European Commission (2019-2024) are a victory for the proponents of the so-called "Border Carbon Adjustment" (BCA). The

The SIEL–Hart Prize

This is from Hart Publishing: SUBMISSIONS FOR THE SIEL-HART PRIZE IN INTERNATIONAL ECONOMIC LAW ARE NOW OPEN! The SIEL–Hart Prize is awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law. The winner of the SIEL–Hart Prize

A Serious Enforcement Mechanism Will Require Major Changes to USMCA’s Dispute Settlement Provisions

Jennifer A. Hillman is the senior fellow for trade and international political economy at the Council on Foreign Relations (CFR), specializing in U.S. trade policy, the law and politics of the World Trade Organization (WTO), international organizations, and Brexit. As debate over Congressional approval of the Trump Administration’s

A Few Thoughts on the Role of the WTO/AB Secretariats in WTO Disputes

Following-up on Joost's post about his new paper with Krzysztof Pelc on the role of the WTO and Appellate Body Secretariats in WTO disputes, I wanted to offer some brief thoughts. Here's the first one: More seriously, I sort of agree with them, in the sense

Guest Post: GAFA’s Global Investment Tribunal: Is it Going to Stay? Call for a research partner

This is from Marcin J. Menkes of the Warsaw School of Economics: Although none of the GAFA companies – Google, Amazon, Facebook, Apple – or other major tech giant has taken the first step, publicly, to establish a world investment tribunal, the question to already ask, is whether such an arbitration tribunal

A Special Event: Judicial Conference for U.S. Trade Law To be Held on November 18, 2019 in DC

Judicial Conference for U.S. Trade Law To be Held on November 18, 2019 in DC Steve Charnovitz The United States Court of International Trade has just announced the agenda for its 20th Judicial Conference to be held on November 18, 2019 in Washington, DC. The judicial conference is an

The Role of the Secretariat in WTO Dispute Settlement (and the AB Crisis)

In order to save independent, two-tiered and binding WTO dispute settlement, US critiques of AB “overreach” must be taken seriously, even if one is not fully convinced by such critiques. If the AB has, indeed, “overreached”, who is actually behind it, and most importantly, how might one “correct the course”