Guest post from Pieter Jan Kuiper, Professor of Law at the Faculty of Law of the University of Amsterdam: What to do about the US Attack on the Appellate Body? Recently Steve Charnovitz has advanced the idea (IELP blog 3 Nov 2017) that the Appellate Body should use its power

In an earlier post, Simon mentioned that the United States has put forward a new proposal ahead of the MC-11 meeting to “strengthen notification requirements.” The proposal lists a number of Agreements where notification requirements “constitute fundamental elements,” including: Agreement on Agriculture Agreement on Implementation of Article VI of the

In EU – PET (Pakistan), the EU Commission began, as expected, its causation analysis by considering  that a causal link existed between subsidized imports and injury to the domestic industry. The Commission then assessed the “effect of other factors” and found that none broke this link. Thereafter, the Commission concluded that

New Zealand's impressive new Prime Minister, Jacinda Ardern, is on the record as stating that investor-state dispute settlement (ISDS) must not be a part of any future trade agreements signed by New Zealand.  In the case of the Trans-Pacific Partnership (TPP, which is apparently now renamed clumsily CPTPP)

This is from the Japanese government's list of "Suspended Provisions" in the TPP: 2. Investment Agreement and Investment Authorisation (ISDS applies to these) 9.1 Definitions - suspend “investment agreement” and “investment authorisation” and associated Footnotes (5 - 11) 9.19.1 Submission of Claim to

The Japanese government has posted a list of "Suspended Provisions" in the TPP. As I understand it, this means the provisions will be suspended if the TPP-11 go forward with the agreement, but could be restored if the U.S. decides to join later. Some of the most

In response to my post of the other day, Müslüm Yilmaz of the WTO (and also a commenter on the post) point me to this book: Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of

It seems as though the TPP may be going forward, but is being rebranded slightly: Countries in the Trans Pacific Partnership (TPP) trade deal have agreed on the core elements to move ahead without the United States, officials said on Saturday, after last-minute resistance from Canada raised new doubts about

This is from my friend Luke Peterson of Investment Arbitration Reporter Freelance analyst wanted Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors We offer specialized reporting on developments in the field of international investment law. We read and digest legal pleadings

That last post has me thinking about domestic judicial review of AD/CVD measures. AD Agreement Article 13 says: "Each Member whose national legislation contains provisions on anti-dumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review of administrative