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

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

From the WSJ: A U.S. appeals court this month will consider whether federal tariff law gives the International Trade Commission the power to order a halt to foreign digital transmissions into the U.S. when those communications infringe U.S. intellectual property. Traditionally, the ITC has intervened only to

As everyone has probably heard by now, negotiators could not reach a TPP deal in Maui.  Here's a roundup of some commentary: Washington Post: High-level talks to forge a ­12-nation trade deal spanning the Pacific broke up Friday without resolving contentious disputes over Canadian dairy tariffs, the protection

There's a job opening in the Appellate Body Secretariat. These don't come along too often, so take advantage of the opportunity! Vacancy Notice No.: EXT/F/15-36    Title: Dispute Settlement Lawyer    Grade: 9    Contract Type: Fixed-term    Starting Salary: CHF 134,940 net per annum (approximate) Issued

I've been reading the U.S. - Animals (yes, that's the official short title!) WTO panel report.  It's over 200 pages long, and goes into great detail about foot and mouth disease and the relevant international standards, before delving into a variety of claims

I recently came across this: According to US trade lawyer Simon Lester, dispute settlement between states under the TPP or TTIP would then require them to invoke their rights within the WTO and seek the jurisdiction of the WTO’s dispute settlement understanding (DSU). However, the right to invoke the

From the NY Times: Cost transparency bills [for pharmaceuticals] have also been introduced in California, Massachusetts, North Carolina, Oregon and Pennsylvania. Three of the bills require disclosures for drugs costing $10,000 or more per year. The others have different criteria. Besides development costs, some of the bills would require

This is from Charles Kenny and Sarah Dykstra of the Center for Global Development: Use US trade and investment treaties to foster greater gender equality in the workplace. US bilateral trade and investment treaties frequently contain language about labor laws and working conditions. For instance, US bilateral investment treaties include

Todd Tucker points me to this from the NY Times: Shut out from borrowing in traditional markets, Ecuador turned to China to fill the void. PetroChina, the government-backed oil company, lent Petroecuador $1 billion in August 2009 for two years at 7.25 percent interest. Within a year, more Chinese