By the way, if you want to read more about DSU Article 3.10, which played a key role in the Peru - Agricultural Products panel report Joost described yesterday, see this recent paper by Bregt Natens and Sidonie Descheemaeker: Say it Loud, Say it Clear — Article 3.10 DSU’

Thanks, Simon, for drawing our attention, in your previous post, to the Peru – Agricultural Products case. I have been following this dispute for a while (although I was not in any way involved in it) as it raises fascinating, systemic issues of the relation between WTO and non-WTO agreements (most

This is from last week's Peru - Agricultural Products WTO panel report: 7.525. Peru affirms that, if the Panel finds that the PRS [Price Range System] is inconsistent with its obligations under the WTO agreements, there would be an inconsistency between the FTA (which allows Peru to

This is from Judge Stephen Schwebel: Opponents of investor-state arbitration claim that it faces a “legitimacy crisis.” There are three essential contentions advanced by such critics: (1) tribunals are biased toward multinational enterprises; (2) arbitration is asymmetrical because of investors’ freedom to bring claims against states, while states cannot bring

This is from a new paper by Tania Voon: ... Discrimination and trade-restrictiveness are two distinct concepts that, while overlapping, should not be conflated. A non-discriminatory internal measure is unlikely to restrict trade, because it is unlikely to reduce the competitive opportunities of imported products vis à vis domestic products. A

This is from a paper by Tomer: considering anti-dumping as an expression of global governance may seem to promise a breath of fresh air. Might governments actually be pursuing some deeper - or loftier - regulatory agendas that could somehow be understood as a form of benign global administration, albeit

Many of you will have seen Alan Beattie's piece on one of the FT blogs suggesting that what happened last week isn't a victory but disguises a defeat, and that the TFA is really trivial.http://on.ft.com/1BQqAB1  I'm guest blogging this

This is from the panel request in DS429: Because the United States has acted in the manner just described, Viet Nam considers the proceedings to be inconsistent, as such and as applied on a continued and ongoing basis, with certain WTO obligations. Viet Nam considers these actions to be inconsistent

The recent “Asian Economic Integration Monitor” (November 2014) published by the Asian Development Bank (ADB) calls for “unilateral multilateralization” of various trade preferences from preexisting FTAs.  Obviously, this will be a nirvana to most global businesses traversing global value chains, if it ever transpires.  Then, they could avoid enormous transaction

The European Commission and the Germans have met on ISDS, and see a way forward for CETA: Only small changes can be made to an investment protection clause in a trade pact between Canada and the European Union, European Trade Commissioner Cecilia Malmström said on Monday (10 November). "There