International Economic Law and Policy Blog (Page 137)

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CIT Hearing on the Constitutionality of Section 232

Last Wednesday, the U.S. Court of International Trade held a hearing on the constitutional challenge to Section 232 (background on the complaint is here). The full transcript is here. There were lots of interesting exchanges. Here are a few snippets: HON. GARY S. KATZMANN: Can I -- Mr. Morrison, 6

Confidentiality and Transparency in the WTO's Party-Centric Dispute Settlement System

This is a new paper from Graham Cook of the WTO: For those interested here is a new paper called "Confidentiality and Transparency in the WTO's Party-Centric Dispute Settlement System". The abstract: In the context of WTO dispute settlement proceedings, many of the decisions made

Guest Post: Using GATT Security Exception for Brexit-Irish Border Issue: Is it Sensible or Fantasy?

This is a guest post from Bashar H. Malkawi, Dean and Professor of Law, College of Law, University of Sharjah A key part of Brexit negotiations was about the border that separates Northern Ireland and the Republic of Ireland. The UK and Ireland are currently part of the EU single

New EU Consultations Request on (Alleged) Chinese Forced Technology Transfer

The EU has filed a new consultations request in the DS549 dispute. This request includes claims under Section 7(3) of China's Accession Protocol, such as the following one: (1) The Regulations for the Implementation of the Law of the People’s Republic of China on Chinese-Foreign

Persuasive Value vs. Precedent in Appellate Body Reasoning

At yesterday's DSB meeting, the U.S. had a 26 page statement (pp. 9-35) on "precedential value of panel or Appellate Body reports." You may need to read the whole thing to fully digest their argument, but here are some key portions: 10. The United

EU Requests Labor Consultations with Korea

From the European Commission: The EU today requested formal consultations with the government of the Republic of Korea regarding the implementation of the sustainable development commitments under the EU-Korea trade agreement. The aim is to open a dedicated channel of communication to find an amicable and mutually satisfactory solution

New From the WTO: GATT Disputes: 1948-1995

From the WTO: GATT Disputes: 1948-1995 looks into the evolution of dispute settlement under the General Agreement on Tariffs and Trade (GATT) 1947, which served as the foundation for the Dispute Settlement Understanding created by the Marrakesh Agreement Establishing the WTO. The two volumes represent the first comprehensive effort

Petersmann on "How should WTO members respond to the WTO Appellate Body crisis?"

This is a guest post from professor and long-time GATT/WTO Secretariat lawyer Ernst-Ullrich Petersmann : ERNST-ULRICH PETERSMANN * European University Institute, Florence (Italy) 1. The US blocking of the filling of WTO Appellate Body (AB) vacancies, since spring 2017, on grounds not related to the personal qualifications of

Three (Or More) Narratives about Globalization's Winners and Losers

Nicolas Lamp has a new paper out called, "How Should We Think about the Winners and Losers from Globalization? Three Narratives and their Implications for the Redesign of International Economic Agreements." This is from the intro: In the wake of Brexit and the widespread public opposition to new

Jennifer Hillman: Three Approaches to Fixing the Appellate Body

Jennifer Hillman has a new IIEL Issues Brief called "Three Approaches to Fixing the World Trade Organization’s Appellate Body: The Good, the Bad and the Ugly?" Her three approaches are: 1. The Good — A Separate System for Trade Remedies (with two possibilities: "Special Appellate Body for