International Economic Law and Policy Blog (Page 114)

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The USMCA Sunset Clause as a "Check on Bad Behavior"

This is from testimony by Beth Baltzan at a House Ways and Means Committee hearing yesterday on "Enforcement in the New NAFTA": The Ultimate Check on Bad Behavior: The Sunset Clause The history of U.S. trade policy exposes particular challenges with Europe and Japan, who have had

The Missing Legal Strategy for the US-China Trade War

The Missing Legal Strategy for the US-China Trade War Steve Charnovitz 23 May 2019 The Trump Administration's strategy against China suffers many flaws, the most serious of which is the failure to use judicial procedures in the WTO. As my recent study https://papers.ssrn.com/sol3/papers.

Enforcement of the USMCA: Establish a Roster Now?

Bloomberg reports: The White House and congressional Democrats have opened talks to resolve outstanding details that have thus far held up the new North American trade deal, according to people briefed on discussions between House Speaker Nancy Pelosi and trade chief Robert Lighthizer. Pelosi told Lighthizer that she will designate

WTO Panels Without An Appellate Body: Can Rules-Based Dispute Settlement Survive Post December 2019 Under The Status Quo?

Has it struck you that, so far, WTO Members and most dispute settlement commentators keep their focus almost exclusively on the WTO Appellate Body (AB)? Be it criticizing or defending the AB, trying to save or reform it, or thinking of possible alternatives for “appellate review” (such as Article 25

Questions about WTO Appellate Review Reform Proposals and Alternatives

Here are the questions for discussion for what looks to be a great conference at the World Trade Institute this coming Friday: Questions posed to the panel on “Scope of and timeframe for appellate review” • Should the objectivity of factual findings of a panel be subject to appellate review? • Should

Does the US Accept Rebalancing as an Appropriate Response to National Security Measures in its Steel/Aluminum Settlements with Canada and Mexico?

The agreements reached between the US and Canada/Mexico, respectively, to bring an end to the Section 232 measures on steel and aluminum and the retaliatory measures adopted by Canada and Mexico contain the following provision: “If the importing party takes such action [i.e. if the US re-imposes the

Import Surge Protection and Retaliation in the Section 232 Agreements

Here's one aspect of the Section 232 steel/aluminum tariff removal agreements/understandings mentioned in a post last Friday (the excerpt below is from the agreement with Canada): After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of the

Non-Delegation Constitutional Law Cases Coming

Keep your eye out for the Gundy Supreme Court decision, which should be out soon: the underlying issue is whether the court will revive the long-dormant principle that Congress cannot delegate its legislative power to executive agencies. The court has not struck down a federal law as an excessive delegation

Four "National Security" Disputes Down, A Bunch More To Go

Canada/Mexico and the United States have worked out a deal to get rid of the Section 232 steel/aluminum tariffs and the retaliatory tariffs. This is from Global Affairs Canada: After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of

Guest Post: The Trade Policy Review Mechanism at 30: Happy Anniversary or Something Else?

This is a guest post from professor Martin Edwards This has been a difficult time for the WTO. Stories of the deepening crisis in the Dispute Settlement Body, and the looming threat of a President who has threatened to pull the US out have all been headlines in recent months.