International Economic Law and Policy Blog (Page 221)

International Economic Law and Policy Blog

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Benefit analysis in Canada-FIT

A few weeks ago, Simon marked the anniversary of the controversial Canada-FIT decision, here. His helpful post – which recalled an interesting discussion we had on this at the 2014 BIICL WTO conference – prompts me now to reflect a little further on why I have always found a lot more

WTO@20 Conference in Beijing

A major WTO law conference will take place at Tsinghua University, Beijing, later this week. Notably, a number of current and former members of the Appellate Body will be there. Here is the information from the conference website: WTO at 20：Multilateral Trading System, Dispute Settlement and Developing Countries Tsinghua

The Right to Regulate for Multiple Purposes and the Standard of Review

In an earlier post, Simon referred to the recent ASIL Unbound discussion on the Seal case. Indeed, I found the discussion very helpful and suggest everyone visit the site. There are so many issues there, but let me focus on one particular issue, that is whether the Appellate Body (AB)

EC - Seal Products Unbound

Over at AJIL Unbound, they are talking about the EC - Seal Products case, with contributions from Joel Trachtman, Don Regan, Julia Qin, Alexia Herwig, William J. Moon/Alec Stone Sweet, and Michael Fakhri. No doubt all of the contributions are very interesting, but I confess to being bogged down with

A Different Take on ChAFTA ISDS

Last week, I wrote in praise of the China - Australia FTA (ChAFTA) ISDS provisions, suggesting that they were narrower in scope than typical ISDS provisions, in a good way. I liked the fact that they left open whether to incorporate expropriation and minimum standard of treatment provisions, leaving that to

Is the WTO Passé?

The answer is NO according to an interesting paper (Is the WTO Passé?, World Bank Policy Research Working Paper (WPS 7304), June 2015) co-written by Kyle Bagwell, Chad Bown and Robert Staiger. This paper sheds new light on the relevancy of the WTO as an engine of trade liberalization.

Guest Post on Applying GATT Disciplines to TRIPS-plus Provisions

This is a guest post from Henning Grosse Ruse - Khan For a paper I have been working on (http://ssrn.com/abstract=2610576), I am looking for comments on applying GATT disciplines (such as Art.I, III, V and XI) as well as the General Exception rule in Art.XX

Chinese Medicines in the China-Australia FTA

I came across one of the more interesting yet small details swirling around international trade today when I read a story (here) by the online news part of the ABC (that is the Australian Broadcasting Corporation - not the other ABC) that: "Chinese medicine was the subject of a side

(De)politicizing Investment Disputes

Remember the Yukos investment arbitration award? Here is Reuters from last year discussing the award: An international arbitration court ruled on Monday that Russia must pay $50 billion for expropriating the assets of Yukos, the former oil giant whose ex-owner Mikhail Khodorkovsky fell foul of the Kremlin. Now here

Banning Trans Fat (And Trade Therein)

From the NY Times earlier this week: The Food and Drug Administration on Tuesday gave the food industry three years to eliminate artery-clogging artificial trans fats from the food supply, a long-awaited step that capped years of effort by consumer groups and is expected to save thousands of