International Economic Law and Policy Blog (Page 261)

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Associate Editor Position

From the MJIEL: ASSOCIATE EDITOR/S FOR THE MANCHESTER JOURNAL OF INTERNATIONAL ECONOMIC LAW (MJIEL) The MJIEL is looking for Associate Editor/s with a proven and distinguished record in research in the field of International Economic Law to work with Professor Asif H Qureshi and Dr Xuan Gao and

Trade Constitution 2.0

Both Professor Howse and Simon raised an important issue in the China-Rare Earths panel report, whose full ramifications, I believe, would go beyond this particular dispute. To me, the panel’s ostensibly nebulous position on GATT Article XX denotes hermeneutical birth pangs for the “Trade Constitution 2.0.” What

China - Rare Earths: Some Systemic Issues

The China - Rare Earths WTO panel report was circulated yesterday. What's jumping out at me in the report are some really interesting systemic issues. First, there is some good stuff about the role of precedent, and when a WTO panel might depart from prior Appellate Body reasoning (which

Rare Earths:The Right to Regulate as a General Principle of WTO Law and a Canon of Interpretation

This won't be my last post on Rare Earths, but its the first. In China-Publications the Appellate Body addressed the possibility that the Article XX general exceptions might apply with respect to obligations under agreements other than the GATT, in that case China's Protocol of

More on GSP Withdrawal to Enforce Arbitration Awards

Roger Alford is pushing forward with the debate on whether withdrawal of GSP benefits can be used to enforce investment arbitration awards, with another blog post on the issue. Let me push back a bit. Roger says: the Enabling Clause requires GSP benefits to be conferred in a non-discriminatory

GSP Withdrawal to Enforce Investment Arbitration Awards

Roger Alford has an interesting post over at Opinio Juris (based on an article), in which he discusses the withdrawal of GSP benefits as a way to induce compliance with investment arbitration awards. To illustrate this situation, let's say a government has previously offered lower tariffs to a

The Scope of the TBT Agreement: What is a Technical Regulation?

Having followed Rob's coverage of the Seal Products Appellate Body hearing, there is an issue that puzzles me: What is the scope of the "technical regulations" covered by the TBT Agreement? I'm finding that I have no idea how to think about this question.

Regulating Cheap Newspapers

From the Jerusalem Post: Israel Hayom may have to look for a new business model if a bill outlawing free daily newspapers passes into law. The text of the bill, proposed by MKs Eitan Cabel (Labor), Robert Ilatov (Yisrael Beytenu), Ayelet Shaked (Bayit Yehudi), Elazar Stern (Hatnua), Ariel Attias (Shas)

ASIL IEcLIG Call for Papers

From the ASIL/IEcLIG: CALL FOR PAPERS American Society for International Law International Economic Law Interest Group (IEcLIG) in partnership with the University of Denver Sturm College of Law Sutton Colloquium 2014 Biennial Research Conference: REASSESSING INTERNATIONAL ECONOMIC LAW AND DEVELOPMENT: NEW CHALLENGES FOR LAW AND POLICY University of Denver

Seals Hearings:"Consistency" (from Jo Langille)

Today at the Seal Products Appellate Body hearing, the discussion focused on Canada’s claim that there is a philosophical consistency test included in the law of the WTO. Canada’s argument is that under the law of the WTO, the EU should not be able to regulate to protect