International Economic Law and Policy Blog (Page 232)

International Economic Law and Policy Blog

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TPA vs. TPP in U.S. Trade Politics

Victoria Guida of Politico reports: Matthew Goodman, a former White House adviser on Asia-Pacific issues, said Monday that he expects the political fight over the Trans-Pacific Partnership to happen mostly in the context of a vote on legislation to renew trade promotion authority. “I don’t think a TPA vote

Guest Post: More on US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437)

This is a guest post from trade lawyer Adarsh Ramanujan: In continuation of my earlier blog entry on the Article 12.7 jurisprudence arising from the Appellate Body Reports in US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437), in this blog entry I will consider the discussions on Article 2

ISDS as International Judicial Revew

This is from an article by Eric Posner and Glen Weyl: Longstanding worries that judicial review interferes with democratic values, blocks publicly beneficial legislation, and can lead to backlash, have never gained a foothold. The article as a whole is interesting, but I'm not going to talk about

Trade and CO2 Emissions

This is from Inside U.S. Trade: U.S. trade officials are pressing South Korea to water down a new Korean car emissions standard or else give U.S. automakers wider leeway in complying with it, in what appears to be a second push by the Obama administration against Korean

Guest Post: US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437)

This is a guest post from trade lawyer Adarsh Ramanujan: This blog earlier carried a post on the developments in the SCM benchmarking analysis arising from the Appellate Body decisions in US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437). I consider these two reports as a watershed in SCM jurisprudence,

Aircraft Subsidies: Litigation vs. Negotiation

As reported last week, there is a new WTO complaint filed by the EU against U.S. aircraft subsidies: http://www.worldtradelaw.net/cr/ds487-1(cr).pdf Here are the basics: I. Background In November 2013, the State of Washington, as part of its efforts to induce The Boeing Company

Significant Developments in SCM Benchmarking Jurisprudence

Within the last two weeks, the Appellate Body has issued two important decisions interpreting the SCM Agreement: US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437). In DS436, India raised numerous complex issues under SCM; in DS437, China mounted a systematic challenge to more than a dozen US CVD investigations. While

Setting New (Higher) Standards in the Countervailing Measure Review?

The Appellate Body (AB) report on the “United States –Countervailing Duty Measures on Certain Products from China” (WT/DS437/AB/R) is out. Interestingly, the AB reversed some of panel’s findings. Two reversals stand out: the de facto specificity and adverse facts available. Here go relevant parts of the

TISA and Privacy

The recent leak of a U.S. negotiating text related to TISA has caused some concern, in part due to its potential impact on EU data protection and privacy laws. The text can be found here, and is titled "Trade in Services Agreement TISA Proposal, New Provisions Applicable to

The Pros and Cons of Dispute Settlement under FTAs: The First CAFTA Trade Panel (Costa Rica v. El Salvador)

With more and, especially, deeper FTAs in place, I predict an uptake in dispute settlement under FTAs. Parties may generally prefer to file their disputes before the WTO. But in some cases they simply have no choice. The commitment can only be found in an FTA (it is so-called “WTO-plus”