International Economic Law and Policy Blog (Page 138)

International Economic Law and Policy Blog

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What is "Socialist Market Economy"?

This is the million dollar question that has been asked about China's economic and trade system all the time. Last week, China's WTO Ambassador Dr. Zhang Xiangchen gave the following reply at the General Council meeting, "Back in 1992, when China announced that it would

Do we need new WTO rules in dealing with China?

I understand that Geneva has been hot these days, but yesterday, the hottest place in town was nowhere but inside Centre William Rappard, where the US and China engaged in a white-hot debate on the Chinese economic system at the General Council meeting. Firing the first shot by calling China

The Section 301 Action Against China (Fed. Reg. filing by Steve Charnovitz)

Comments by Professor Steve Charnovitz regarding the Proposed Determination of Action Pursuant to Section 301 By Professor Steve Charnovitz George Washington University USTR-2018-0018 July 23, 2018 This is a comment regarding the proposed action of imposing an additional 25 percent ad valorem duty on the products classified in the list

The Constitutional Claim Against Section 232

Following up on their complaint, this is from a Motion for Summary Judgment filed by the American Institute for International Steel and two companies last week: SECTION 232 IS UNCONSTITUTIONAL AS AN IMPROPER DELEGATION OF LEGISLATIVE AUTHORITY AND A VIOLATION OF SEPARATION OF POWERS. Plaintiffs’ nondelegation challenge to section 232

Deciding Whether the Section 232 Tariffs Are Safeguard Measures

So far, there have been 13 WTO consultations requests related to the Section 232 tariffs and the subsequent retaliation. Here are the 8 requests against the Section 232 tariffs, which allege violations of the GATT, and also allege that the tariffs are safeguard measures and violate the Safeguards Agreement: U.

EU DSU Reform Proposals

Bryce Baschuk of Bloomberg has posted a European Commission document with some WTO modernization proposals. This is from the part on dispute settlement: EU position: Without prejudice to EU position on whether the concerns formulated by the United States are well founded, this paper explores avenues in which addressing these

The U.S. Challenges the Section 232 Retaliatory Tariffs

I had been wondering if the U.S. would bring WTO complaints against the tariffs applied by various governments in retaliation for the Section 232 steel and aluminum tariffs. USTR has just announced that it will: The United States today launched separate disputes at the World Trade Organization (WTO) against

The Timing of Panel Reports

As I discussed recently, the U.S. has raised the issue of the length of time it has been taking the Appellate Body to circulate its reports. But what about the length of time panels have been taking? DSU Articles 12.8 and 12.9 say this: 8. In order

How Do We Measure Trade-Restrictiveness?

Back in 2000, the Appellate Body said this in Korea - Beef about the "necessary" standard in GATT Article XX(d): 164. In sum, determination of whether a measure, which is not "indispensable", may nevertheless be "necessary" within the contemplation of Article XX(d)

Busy Week Coming Up For IEL Conferences in DC

Next week is a busy week for international economic law conferences in DC. On Wednesday, Georgetown's Institute of International Economic Law and the Graduate Institute Center for Trade and Economic Integration will host the G2 Conference on Resolving Disputes in International Economic Law. And then on Thursday, Friday,