International Economic Law and Policy Blog (Page 211)

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A Novel DSU Article 22.6 Arbitration Argument

This is from the U.S. written submission in the COOL DSU Article 22.6 arbitration between the U.S. and Canada (DS384), although Mexico's argument in the parallel DS386 proceeding is referenced too: 118. Both Canada and Mexico's Methodology Papers add to the alleged trade

COOL Retaliation and the Tuna Appeal

As we await the TPP conclusion, not to mention the inevitable Donald Trump position paper on trade policy (I'm setting the over/under at 20 WTO violations -- place your bets!), there are some interesting WTO disputes going on. First, there is the COOL retaliation litigation. Canada asked

TTIP and the Iran Deal: European Business Should Be Protected Against US Unilateral Sanctions

In the debate over the Iran deal among US legislators, high-profile enemies such as New York Senator Charles Schumer attack the Administration's suggestion that the one alternative to this agreement is war-bombing Iran's nuclear facilities. Such critics hold out that continued or perhaps intensified sanctions could

Shaping the Pacific Alliance

Readers may be interested in a new blog, Shaping the Pacific Alliance, which aims to contribute to discussion about the Pacific Alliance, an integration scheme comprising Chile, Colombia, Mexico and Peru. The blog provides a platform for governmental and intergovernmental communities to engage with civil society, academics and industry in

How Strong is TransCanada's NAFTA Chapter 11 Case?

A couple months ago, I mentioned the possibility of a NAFTA Chapter 11 claim by TransCanada related to the failure to approve the Keystone XL pipeline. I'm not sure why this issue suddenly made headlines again the other day, but here is something from Bloomberg: A two-decade old

Why Obama Has Already Delivered on Iran-a Response to Alan Dershowitz

Relatively few well-known legal academics have waded into the debate over the Iran deal. Alan Dershowitz is a notable exception. He has published an e-book against the deal, for one thing. Here, I'm not responding to that but instead his recent oped in USA today http://usat.ly/

Why Congress Can't Block the Iran Deal

Even if there are enough votes to override President Obama's veto of the Congressional resolution disapproving the Iran deal, Congress's disapproval may mean little in terms of the future of the deal. While contrary to the conventional wisdom, including that of many US supporters of the

Senator Charles Schumer: Incoherence and Confusion on Iran

New York Senator Charles Schumer has taken a stance against the Iran deal. https://medium.com/@SenSchumer/my-position-on-the-iran-deal-e976b2f13478 Predictable some will say; disappointing, others will moan. But Schumer's statement defending his position is a must-read. Schumer says that his overall judgment is that, in relation to the key

Peru--Agricultural Products: WTO versus RTAs (and other non-WTO international law)

In addition to the AB's findings on interpretation in this case, discussed by Adarsh Ramanujan, it seems to me that para 5.112 of the AB decision (quoted below) is also very important, stating that the amendment and waiver provisions of the WTO are lex specialis, prevailing over

Guest Post on Peru - Agricultural Products

This is a guest post from trade lawyer Adarsh Ramanujan:Comments on Article 31 of the Vienna Convention The AB Report in DS457: Peru –Agricultural Products (adopted on July 31) had some very interesting points on Article 31 of the Vienna Convention, in particular, sub-paragraphs (a) and (c), and their