International Economic Law and Policy Blog (Page 121)

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Benchmarking under SCM 14(d): How should China’s in-country competition be treated?

Aside from the issue of public body blogged by Simon last week, the issue of market benchmarks under SCM 14(d) is at the center of the AB DS437 (21.5) report. In fact, the issue of benchmarking is more critical than that of public body in this case, since

What Do Critics Think Has Caused Problems With The Appellate Body?

Back in February, the U.S. said the following at a DSB meeting: Rather than seeking to make revisions to the text of the Dispute Settlement Understanding to permit what is now prohibited, the United States believes it is necessary for Members to engage in a deeper discussion of the

Separate Opinion in Today's Appellate Body Report

In today's DS437 Appellate Body report, there was a separate opinion covering several issues. Here is one of the issues (footnotes omitted): 5.5.1 Public Body 5.242. I concur with the majority in: (i) rejecting China's interpretation of the term "public body"

Joe Biden on Trade Policy

In a recent speech on foreign policy, Joe Biden said the following about trade policy (as prepared): Our trade policy has to start at home, by strengthening our greatest asset – our middle class. We have to take care of everything I’ve talked about on the campaign trail – giving every

Will the WTO Negotiations on Fisheries Subsidies adopt a "Caps-Based Approach" Inspired by the National Schedules in the Agreement on Agriculture?

At the 11th Ministerial Conference held in Buenos Aires last December 2017, members agreed to continue to engage constructively in fisheries subsidies negotiations with a view to adopting an agreement by the next 2020 Ministerial Conference . The aim is to agree on disciplines that prohibit certain forms of fisheries subsidies

New paper on "Judicial Overreaching" at the WTO

Dr. Weihuan Zhou and I have posted on SSRN a new paper on AB crisis. In the paper, we addressed the US allegation that the AB has "overreached" in many cases. We tackle the issue by first reviewing the core function of the WTO, which in our view

The Way To Address USMCA Panel Blocking Is To Eliminate USMCA Panel Blocking

Inside US Trade reports: A leader of the House working group on U.S.-Mexico-Canada Agreement labor issues told Inside U.S. Trade on Wednesday that he will be traveling to Mexico next weekend to discuss “panel blocking” with Mexican officials. Many congressional Democrats have criticized USMCA for not

Guest Post: Contestation of Reforms to the WTO Notification Procedures: Inclusive Approach or More Differential Treatment?

This is a guest post by Vineet Hegde, PhD researcher in International Law, and Professor Dr. Jan Wouters, Professor of International Law and International Organizations, KU Leuven, and Director of the Leuven Centre for Global Governance Studies, Belgium. 1. Elsewhere in this blog, Professor Joost Pauwelyn highlighted a 29 March

Sub-National Measures that Discriminate Against Imports and Against Other State/Provincial Goods

This is from Australia's first written submission in the Canada - Sale of Wine (DS537) WTO dispute: 3. Article III requires treatment no less favourable than the "most favoured" domestic product within the territory of a Member 117. The majority of the Canadian measures that Australia is

Scenarios for WTO Dispute Settlement Post 2019

I have been thinking about what may happen with WTO dispute settlement post 10 Dec. 2019, when the Appellate Body will only have one member ... In a forthcoming JIEL editorial, draft on ssrn here, I start with two “unlikely scenarios”, at least in the short term: the US lifts its