International Economic Law and Policy Blog (Page 121)

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A Proposal for "Rebalancing" To Deal With "National Security" Trade Restrictions

As much fun as it is to think about what GATT Article XXI means, and to analyze WTO panel reports that interpret and apply it, I'm skeptical that WTO litigation about measures for which the responding party has invoked the national security exception will help resolve many trade

Kamala Harris on Trade Policy

This is from an interview by Jake Tapper with presidential candidate Kamala Harris: TAPPER: President Trump, as you know, slapped higher tariffs on Chinese exports on Friday morning, dialing up pressure for a trade deal with the Chinese. HARRIS: Yes. TAPPER: Now, your leader, Chuck Schumer, tweeted earlier this week

Guest Post: Trade, Security and Stewardship (Part V): Implications for International Economic Law

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This post is the last in a series to analyze the Russia — Transit panel report on the GATT security exception. In the first post, I introduced what Julian Arato and I are calling the

2019 G2 Annual Conference on WTO and Global Economic Regulation: 7 to 8 June 2019

This is from the Graduate Institute’s Centre for Trade and Economic Integration and Georgetown Law's Institute of International Economic Law: The 2019 G2 Annual Conference on WTO and Global Economic Regulation, jointly organised by the Graduate Institute’s Centre for Trade and Economic Integration and Georgetown Law&

A Defense of the Beleaguered WTO Appellate Body

A Defense of the Beleaguered WTO Appellate Body Steve Charnovitz 9 May 2019 In November 2017, I authored a paper warning that the Trump Administration was seeking to eviscerate World Trade Organization (WTO) dispute settlement. At the same time, I put forward a specific proposal for what the Appellate Body

Guest Post: Trade, Security and Stewardship (Part IV): A Variable Framework for Security Governance

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This is the fourth in a series of posts that reconstructs the theory of judicial stewardship embedded in the Russia — Transit panel report on the GATT security exception. In the first post, I described

UNCITRAL and ISDS Reforms: Battles over Naming and Framing

First published on EJIL: Talk! by Anthea Roberts and Taylor St. John* A striking feature of the debates over ISDS reform in the last UNCITRAL session were the battles over naming and framing. In some ways, these battles reflect the power that names and frames have in shaping our understanding

U.S. WTO E-commerce Proposal Reads Like USMCA

The United States has put forward a proposal for the recently launched e-commerce talks at the WTO. Bloomberg's Bryce Baschuk broke the news (and uploaded the document), noting there are many similarities to the U.S.-Mexico-Canada Agreement (USMCA) Digital Trade Chapter (19). He's

Confidentiality of legal arguments in WTO dispute settlement

While the panel report in Russia – Measures Concerning Traffic in Transit (DS512) is best known for its interpretation of Article XXI of GATT 1994, the report also contains an important ruling relating to transparency in WTO dispute settlement. In this dispute, the EU published its third-party submission on the

Guest Post: Trade, Security and Stewardship (Part III): WTO Panels as Factfinders under Article XXI

This is a guest post from Ben Heath, Acting Assistant Professor of Lawyering at NYU Law This series reconstructs the idea that the Russia — Transit panel report on the GATT security exception was a “constitutional moment” for the WTO. In the first post, I introduced the idea that the report