International Economic Law and Policy Blog (Page 222)

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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

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:

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

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

Can Section 337 Be Used to Block Digital Imports?

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

Maui Post-Mortem

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,

Appellate Body Secretariat Job

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

The Value of the SPS Agreement

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 under