International Economic Law and Policy Blog (Page 196)

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16th Annual WTO Law Conference

The 16th Annual WTO Law conference is coming up next week. Formerly a BIICL/IIEL production in London, it has moved to Geneva this year and added the Graduate Institute and the SIEL as organizers. From the conference web page: The Annual WTO Conference was originally established in 2000 through

Should Cost-Benefit Analysis be a Factor in Deciding whether a Regulation is "Arbitrary"?

This is the abstract of a new paper by Cass Sunstein: When an agency fails to engage in quantitative cost-benefit analysis, has it acted arbitrarily and hence in violation of the Administrative Procedure Act? At first glance, the question answers itself: Congress sometimes requires that form of analysis, but

ELSA WTO Moot Court Competition Next Week

From ELSA: Press release Final Oral Round - ELSA Moot Court Competition on WTO law Between 7 and 12 June 2016, the Final Oral Round of the ELSA Moot Court Competition will take place in Geneva, Switzerland. Over 150 active students, their team coaches, renowned academics and practitioners from all around

Former Appellate Body Members Weigh in on the Recent U.S. Actions Related to the Appellate Body

Here is the main text of a letter to the DSB chair from all the living, former Appellate Body Members: We write in the hope that we can be of some assistance to the Members of the World Trade Organization. As the thirteen living former Members of the WTO Appellate

There's a New Party in Town

For those of you despairing about your choices in the U.S. Presidential election, you are in luck, there's now a credible third party option: The Libertarians. OK, you can stop laughing now, because this time they have a former two term governor as the Presidential nominee (Gary

Why Prof. Chang II: A Few More Pieces of the Puzzle

While I continued digging for more clues to the Appellate Body Reappointment saga, I found a few more interesting bits: 1. When the blockage was first announced, the US cited only three cases, i.e, DS 437, DS 449 & DS 453. However, at the May 23 DSB meeting, the

The U.S. Justification for its Appellate Body Reappointment Actions

The U.S. actions at the WTO in relation to the reappointment of Seung Wha Chang, discussed in various recent posts (and comments) on this blog, have been heavily criticized by everyone I've talked to about the issue. However, I have heard sympathy for the substance of some

Why Prof. Chang?

As the Appellate Body reappointment controversy continues to brew, the US has been flooded with criticisms not only from WTO Members, but also from the Appellate Body Members and academics around the world. In its statement at the May 23 DSB Meeting, the US defended its position by stating that

Reforming Appellate Body Appointments

Over at EJIL:Talk!, Arman Sarvarian and Fontanelli Filippo respond to the Appellate Body reappointment controversy with some reform suggestions: A Single-Term System? The chair of the DSB noted that further consultations were necessary to exit the deadlock. Recourse to diplomacy reveals the structural limits of the applicable procedural

THE MYTH OF AN APPELLATE BODY THAT NEVER “RESTRICTS THE RIGHTS OR EXPANDS THE OBLIGATIONS OF WTO MEMBERS”

As we now know, the United States has informed the chairman of the WTO Dispute Settlement Body that it cannot support the reappointment of South Korean national Seung Wha Chang to the Appellate Body. The United States justifies its position by the fact that it “ will not support any individual