International Economic Law and Policy Blog (Page 109)

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DO APPELLATE BODY MEMBERS HAVE BIASES WHEN CHOOSING A CONTEXTUAL ANALYSIS TO CLARIFY UNDEFINED RIGHTS AND OBLIGATIONS?

The state of Washington has sworn in its first Native American Supreme Court justice, Raquel Montoya-Lewis. At a press conference announcing her appointment, a reporter asked Montoya-Lewis, “What do you see as the biggest problem with implicit bias in the courts right now?” She replied: The biggest hurdle

Another Economic Defense for the Multilateral Trading System

Stephen Roach (Yale) has recently published a must-read (“US, China and the Myth of Global Decoupling”), which refutes the logic of trade wars. Here are main observations. Today’s global economy is far more integrated than ever before. (…) The tighter that trade is woven into the fabric of global

Slaying Concerns about the WTO’s Faceless Bureaucrats

This is a guest post by Philippe de Baere, Henry Gao, Todd Friedbacher, Iain Sandford, Nicolas Lockhart, Isabelle Van Damme, Tania Voon, Alan Yanovich[1] Ever since countries first agreed rules to regulate international trade, they have disagreed about what the rules mean. International trade disputes raise sensitive political and

Senator Toomey on the USMCA Sunset Clause

This is from the Q & A at a recent AEI event with Senator Pat Toomey, hosted by Derek Scissors: Derek Scissors: ... Let’s not talk about what we agree on. Let’s talk about what we might disagree on, or at least disagree partly on. And I’ll start

Does Hiring Strikebreakers Violate the USMCA?

This is from Lance Compa of Cornell Law School: ... a more than two-months-long strike provoked by a multibillionaire Mexican business tycoon has cast a cloud over the new trade pact’s provisions to strengthen workers’ rights. Citing management’s bad-faith bargaining, nearly 2,000 workers have walked

The Scorecard of the USMCA Protocol of Amendment

This post is by law professors David Gantz and Sergio Puig Introduction The U.S. House of Representatives approved December 19 the United States-Mexico-Canada Agreement (USMCA) by an overwhelming margin of 385-41. The Senate is expected to do the same in mid-January. As everyone knows by

Guest Post: Japan–South Korea Trade Friction

This is a guest post from law professor Bashar H. Malkawi: Japan imposed tighter export control measures on chemicals used by South Korean companies to produce semiconductors and smart phones and TV displays. In addition, Japan removed South Korea from a "white list" of twenty-seven preferential trading

The Resurrection of the Appellate Body: Three Proposals

The Appellate Body is dead. But not all hope is lost. Instead, we could still bring it back, and there are at least three different ways: 1. The first is launching the Appellate Body appointment process by forcing a vote through the General Council as per Article IX.1 of

Does the present paralysis of the AB mean that the WTO is dead? No, and this is why.

By an odd coincidence, it seems that we have actually returned to the situation that prevailed in the previous GATT 1947 system. Recall that this system was characterized by a strange feature that allowed a veto by the losing party as soon as it communicated that it wanted to explore

USMCA in Last Night's Debate

This is from last night's Democratic debate: WOODRUFF: Let's turn now to an issue that is on the minds of all Americans, and that is the economy. Senator Sanders, today, the House of Representatives voted for a new bipartisan trade agreement among the United States, Canada