International Economic Law and Policy Blog (Page 139)

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Canada's "As Such" Complaint Against Section 232

This is from Canada's consultations request on the Section 232 tariffs: In addition, Section 232 of the Trade Expansion Act of 1962 and its associated regulations appear to be "as such" inconsistent with Articles I:1 and II:1 of the GATT 1994 and does not

UNCITRAL and ISDS Reforms: Concerns about Arbitral Appointments, Incentives and Legitimacy

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we have

UNCITRAL and ISDS Reforms: Concerns about Consistency, Predictability and Correctness

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we have

UNCITRAL and ISDS Reforms: What are States’ Concerns?

What are states’ concerns about investor-state dispute settlement (ISDS)? To help answer that question, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions. To facilitate discussions about the desirability of reforms and their potential nature, we

Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration

Want to understand the UNCITRAL debates about ISDS reform? I’ve put the draft of my new AJIL essay on “Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration” up on SSRN. This essay complements a great forthcoming AJIL article by Greg Shaffer & Sergio Puig on “Imperfect Alternatives: Institutional Choice

"Advisory Opinions" in WTO Panel/AB Reports

This is from the U.S. statement at the DSB meeting on Monday (footnotes omitted): 10. EUROPEAN UNION – COUNTERVAILING MEASURES ON CERTAIN POLETHYLENE TEREPHTHALATE FROM PAKISTAN A. REPORT OF THE APPELLATE BODY (WT/DS486/AB/R AND WT/DS486/AB/R/ADD.1) AND REPORT OF THE PANEL (WT/DS486/

Memo to the Trump Administration: The Sunset Clause is a Lost Cause

Here's a tweet from Daniel Dale of the Toronto Star: Trudeau says he wanted to meet with Trump to resolve NAFTA, but Pence told him that he couldn't meet with Trump unless Canada accepted an auto-termination "sunset clause" in the deal. He said Canada

Farewell Speech of Appellate Body Member Ricardo Ramírez-Hernández

You can read the full farewell speech by Appellate Body Member Ricardo Ramírez-Hernández here. There's a lot of good stuff in it. This is an excerpt, with some comments from me thrown in here and there: Now I'm going to share with you some thoughts about

Tony Blair on "What do to about Brexit?"

Here is something Tony Blair said on Fareed Zakaria's TV show last week-end: ZAKARIA: What do do about Brexit? BLAIR: Well, I would still like to see it changed. I mean, I think that the truth is there is no answer to the fundamental dilemma. So in this

Will the U.S. - China Trade Deal Violate MFN?

This is from the FT: Washington is pressing Beijing to enter into multiyear contracts to buy US agricultural and energy imports as part of a broader trade deal aimed at reducing the $337bn bilateral trade deficit with China. But the move could mean taking Chinese business away from key US