International Economic Law and Policy Blog (Page 112)

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What Happens To Pending Appeals For Which, Next Week, Ruled 15 Would Not Be Exercised?

I have been asked by several people what will happen with the 10 pending appeals that will (apparently) not be carried over next week. Indeed, according to press reports only 4 of the 14 currently pending appeals, for which hearings already took place, will continue under Rule 15 (Note that,

The Attack on the Appellate Body- Events of 4 December 2019

Steve Charnovitz At today's DSB meeting, press reports state that the US representative "charged that China and the EU, in calling for the continued use of Rule 15, were supporting what the U.S. sees as the Appellate Body’s blatant rule breaking." In addition, the

The Attack on the Appellate Body- Events of 3 December 2019

Steve Charnovitz 3 December 2019 I was delighted to see the open letter from two current and one former member of the Appellate Body disputing yesterday's news item that various Appellate Body members are seeking the ouster of the Director of the Appellate Body Secretariat. When I wrote

Letter from Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao

In the context of the ongoing Appellate Body crisis, here is a letter to the WTO DG sent by Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao: Dear Director-General, Regarding recent media articles, we have deep concerns about the breach of confidentiality and the

With No Appellate Body, Fear Over (Not Under) Enforcement of WTO Rules

Nicolas’ post on how unilateral retaliation may limit “appeals into the void” reminds me of a misleading statement I keep reading in the press these days. Many seem to believe that with the demise of the Appellate Body (AB), the WTO will lose its “bite”, i.e., that pre-Dec.

Making WTO Dispute Settlement Work without the Appellate Body: How the Threat of Unilateral Retaliation Could Be Used to Incentivize the Adoption of Panel Reports

There is a justified fear that, once the WTO Appellate Body goes out of business in a few days, the entire edifice of WTO dispute settlement will collapse like a house of cards. The key concern from a structural perspective is not the demise of the Appellate Body per se,

Comments on the Appellator Graham Affair

Comments on the Appellator Graham Affair Steve Charnovitz 2 December 2019 A report on World Trade Online this afternoon states that Appellate Body Chair Thomas Graham is threatening to resign from the Appellate Body when his term ends on December 10 unless the WTO ousts the Mr. Werner Zdouc, the

A WTO If You Can Keep It

"A WTO If You Can Keep It" Steve Charnovitz 30 November 2019 This is a brief announcement of my new essay "A WTO if you can keep it" published in Questions of International Law, November 2019. The essay provides a historical account of the World Trade

Third Party Adjudication vs. Unilateralism

Here's one more post based on the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 16:43 Can I ask a bit more of the details on the enforcement piece? Is what we're thinking about if there is a deal that has some kind of

Interpretation and Judging at the WTO

Here's more from the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 33:26 But can I ask you, then, where is our constructive proposal to have this conversation? So we haven't gotten it from the Europeans or the Chinese or anything yet, but where