International Economic Law and Policy Blog (Page 244)

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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

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

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

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

Geneva Vacancy: Assistant Professor of International Law at the Graduate Institute

Looking for a young and dynamic colleague to join the Graduate Institute of International and Development Studies in Geneva. International economic law is one of four possible fields of specialization. Guess which field I am pushing for? This is a really unique opening for someone focused on international trade, investment,

The NAFTA/TPP Relationship

A while back, I wondered what would happen to NAFTA Chapter 19 if the TPP comes into effect. I can't imagine they would create a TPP equivalent. But will it get phased out through the TPP, or will that part of the NAFTA be carried over? More significantly,

The TTIP vs. the WTO on Regulatory Trade Barriers

I'm always hearing about how the TTIP is finally going to address those regulatory trade barriers we have been ignoring all these years. In general, I'm a bit skeptical: Regulatory trade barriers have been on the agenda of trade negotiations since at least the late 1920s.

The Sun Also Rises

Today’s NY Times article (“Solar Rises in Malaysia During Trade Wars Over Panels”) covers a recent solar panel manufacturing boom in Malaysia, due in no small part to the U.S. trade remedies against Chinese solar panels. The Commerce Department is mulling imposing tariffs on all solar panels “assembled”