International Economic Law and Policy Blog (Page 115)

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U.S. Comments on "Precedent," DSU Article 11, and AD Agreement Article 17.6(ii)

In the hope of pushing the substantive discussion related to the Appellate Body crisis forward, here is a brief response to a couple points the U.S. made at the General Council meeting yesterday. First up, the U.S. says the following about the issue of "precedent": On

Some Unsolicited Advice for Warren's Trade Policy Team

One of the most notable things about Elizabeth Warren's trade policy plan is what she doesn't talk about. She doesn't talk about the WTO. She doesn't talk about "national security" tariffs. She doesn't have much to say about

A Critique of Warren's Trade Policy Plan

Back in July, I offered some quick thoughts on presidential candidate Elizabeth Warren's trade policy plan (entitled, "It's Time for a New Approach to Trade"). Now I'm going to offer a more detailed critique, and I'll follow with a post

Guest Post: Some Remarks on “Who writes the Rulings of the World Trade Organization? A Critical Assessment of the Role of the Secretariat in WTO Dispute Settlement”

This is a guest post by Pieter Jan Kuijper Some Remarks on “Who writes the Rulings of the World Trade Organization? A Critical Assessment of the Role of the Secretariat in WTO Dispute Settlement” By Joost Pauwelyn & Krzysztof J. Pelc[1] The paper concentrates entirely on the role the

The U.S.-Japan Trade Deal: Can a Political Agreement Liberalize Trade Without Institutions?

The U.S. - Japan trade deal was signed today. USTR provides the legal texts here. Based on the various fact sheets, it looks like the agreement contains a modest amount of tariff liberalization. Let's look briefly at what's in the deal, focusing on four questions: (1)

The historical references in the U.S. First Submission in United States-Certain Measures on Steel and Aluminum Products

The United States’ First Submission for United States-Certain Measures on Steel and Aluminum Products is out. Similar to its third-party submissions in the Russia-Traffic in Transit dispute, the United States argues the drafting history of the International Trade Organization (ITO) supports an understanding that Article XXI GATT

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

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"