International Economic Law and Policy Blog (Page 118)

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Todd Tucker on the DS510 Panel Ruling

Todd Tucker of the Roosevelt Institute is not happy with yesterday's WTO panel ruling against various U.S. states' local content requirements in the renewable energy sector. I responded on the Cato blog here, but I want to add a bit more in response to some of

The Democratic Candidates Debate Trade (A Tiny Bit)

In the debate on Wednesday involving 10 of the 20 Democratic candidates, trade barely came up. Given how much activity, shall we say, there has been on trade under the Trump administration, that was a bit of a surprise. Last night, though, in the debate involving the other 10 candidates,

Guest Post: The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic?

This is a guest post from Markus Wagner of the University of Wollongong: It is very unlikely that the ongoing G-20 summit will resolve the political dispute between China and the US over their bilateral trade relationship and the dispute over the future direction of the international trading system.

The Origins of the "Cogent Reasons" Approach to the Precedential Value of Appellate Body Reports

The United States has made it clear that it objects to the Appellate Body's view that a panel must follow a prior Appellate Body interpretation unless the panel has “cogent reasons” for departing from that interpretation. One of the longer U.S. explanations of its position is here.

NAFTA vs. USMCA vs. Something Else

Here is a comment from Ambassador Lighthizer in response to a question from Congressman Panetta at last week's House Ways and Means Committee hearing (starts at 3:23:09), on the choice between NAFTA or USMCA: I think we have clearly made an enormous, probably enormous, improvement in

China NME case suspended

Since no one else has raised it yet on this blog, I'll note that the WTO Panel hearing China's case against the EU regarding the use of a non-market economy methodology in anti-dumping cases suspended its work on 14 June (DS516/13). Such suspensions

Congress Asks Lighthizer About the Sunset Clause

I have been suggesting that Congress should clarify its role in the decision required under the USMCA's sunset clause on whether to extend the agreement, and Congressman Steven Horsford came through for me at yesterday's House Ways and Means Committee hearing (starts at 3:37:50)

USTR Lighthizer Comments on NAFTA/USMCA State-State DS Panel Blocking

This is from an exchange between Senator Carper and U.S. Trade Representative Lighthizer at a Senate Finance Committee hearing today (starts at 2:03:07): Senator Carper: “My second question revolves around USMCA dispute settlement. The state-to-state dispute settlement system in the new NAFTA continues to allow

Call for Proposals: International Economic Law And Security Interests Conference

From the Amsterdam Center for International Law and the International Economic Law Interest Group of the European Society of International Law: Call for Proposals – International Economic Law and Security Interests – ACIL-ESIL Amsterdam Conference On 14-15 November 2019, the Amsterdam Center for International Law and the International Economic Law

India, safeguards and developing Member status

These days, when issues of justiciability or unilateralism arise, the security exception in Article XXI of GATT 1994 comes immediately to mind. However, these issues can arise in very different contexts, such as safeguards. The Agreement on Safeguards exempts small suppliers of a product from developing Members from safeguard measures,