International Economic Law and Policy Blog (Page 131)

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A WTO’s “Kompetenz-Kompetenz” Moment

This is a supplemental post to Simon’s earlier one that provides an excellent summary of the Russia – Traffic in Transit panel report. Here are some aspects of the panel report that I found interesting and worth further reflection. First, one might say that this landmark decision is characteristic of

The Russia - Traffic in Transit Panel Report

The Russia - Traffic in Transit panel report was circulated today. The big systemic issue here is the interpretation of GATT Article XXI, and the question of to what extent panels or the AB can scrutinize challenged measures when Article XXI has been invoked. Recall that GATT Article XXI says: Article

My New Article Criticizing the Trump Administration's Trade and Climate Policies

Blog readers may be interested in my new article titled "How American Rejectionism Undermines International Economic Law" published in 2019 in Volume 10 of Trade, Law and Development. Abstract: The completion of the Trump Administration’s first two years is an appropriate moment to take stock of the

New Proposal to Strengthen WTO Notification Requirements: From Dispute Settlement to Compliance Regime?

In a period where “trade wars” and the Appellate Body (AB) deadlock are getting most of the airtime, an April 1 proposal by nine WTO Members, including the EU and the US, but also Argentina and Costa Rica, to “strengthen notification requirements under WTO agreements” is both refreshing and intriguing

Planning for Life Without the Appellate Body

This is from the Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding between Indonesia and Viet Nam in the Indonesia – Safeguard on Certain Iron or Steel Products (DS496) dispute: 7. The parties agree that if, on the date of the circulation of the panel report under

Tobacco Etc. Carveout in the New Australia-Hong Kong Investment Agreement

Recall that the tobacco carveout originated in the TPP, but has now spread to new FTAs/IIAs involving Singapore. Interestingly, the tobacco carveout was not in the recent Australia-Indonesia FTA (there was a broader public health exclusion instead), but it does appear in the revised Australia-Hong Investment Agreement

The CIT Opinion in the Section 232 Constitutionality Case

The opinion is here. The court rejected the plaintiffs' argument that Section 232 is unconstitutional. Here is a key part of the reasoning: Most importantly for the challenge here, in Algonquin, the Supreme Court found that section 232 “easily” met the intelligible principle standard because [i]t establishes clear

New Book:"The WTO Law of Subsidies: A Comprehensive Approach"

Dear Blog Colleagues, I am pleased to announce the forthcoming publication (early May 2019) of my new book titled "The WTO Law of Subsidies: A Comprehensive Approach". It is published by Kluwer Law International. You can find all the necessary information about the book at the book website

The Internal U.S. Government Debate over the GATT Security Exception

Mona Pinchis-Paulsen has a great new paper called "Trade Multilateralism and National Security: Antinomies in the History of the International Trade Organization". I highly recommend pp. 11-25, which describes the internal U.S. government debate on the power to interpret the security provisions. I don'

May the (Trade) Force Be With You

How will trade wars unfold? Are we doomed? History may scare us. Before the dawn of the American Republic, it was the trade wars among thirteen Confederates that wreaked havoc on the fragile Articles of the Confederation. Fast forward, the interwar trade wars, triggered by the ill-famed Smoot-Hawley