International Economic Law and Policy Blog (Page 330)

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Is Investment Treaty Arbitration Biased Against Developing Countries?

In a short paper, Kevin Gallagher and Elen Shrestha discuss the issue of whether investment treaty arbitration is biased against developing countries. They first note the argument of those who say there is no bias: Defenders claim that the system does not unfairly subject developing countries to arbitral panels. When

Is the TPP a Model for Future Trade Agreements?

Claude Barfield wonders whether the Trans-Pacific Partnership is "a model for twenty-first-century trade agreements." In this regard, he notes that: At the first meeting in Melbourne in March 2010, the negotiators established ten negotiating groups, including industrial goods, agriculture, sanitary and phytosanitary standards, telecommunications, financial services, customs rules

Zeroing at the Supreme Court?

Following-up on this post, here's the question presented to the U.S. Supreme Court in a cert. petition filed by steel company Nucor last week: Whether the Tariff Act of 1930—which defines “dumping” as “the sale or likely sale of goods at less than fair value” and

A WTO Moot Court Dynasty?

Melbourne Law School has won again: Melbourne Law School has won the prestigious 2011 European Law Students’ Association Moot Court Competition on the law of the World Trade Organization (WTO) in Geneva. Melbourne’s team comprised law students Philip Aitken (Juris Doctor), Glyn Ayres (Juris Doctor), Daniel Ari Baker (Bachelor

Intent, Export Contingency, and National Treatment

Do the Appellate Body's statements in EC - Aircraft on de facto export contingency tell us anything about the National Treatment standard? The Panel's findings had seemed to place a lot of emphasis on the reasons for the measure as the basis for determining whether export

John Magnus on the Appellate Body's Double Remedies Ruling

He doesn't like it. Here's one part of why: The following is a fair summary of the AB decision. Domestic subsidies when used to reduce export price will, unless they also produce a lower normal value calculation, increase the recipient’s dumping margin and be offset

Extinguishment of Subsidies: Three Members, Three Opinions

In case there was any doubt that the issue of whether subsidies can be "extinguished" through privatizations or other sales of a company, the three members of the Appellate Body Division in EC - Aircraft set out three separate opinions on the issue: 726. Although the Members of

The EC - Aircraft Appellate Body Report: The New Export Subsidy Standard

From the report: 1044. Because anticipated exportation "alone is not proof that the granting of the subsidy is tied tothe anticipation of exportation"2342, the legal standard for de facto export contingency under Article 3.1(a) and footnote 4 of the SCM Agreement further requires that there

The EC - Aircraft Appellate Body Report

Here it is on our web site. The big issues I was looking at are: -- Is launch aid a program? -- Can certain launch aid contracts at issue be considered "export subsidies"? Here's what the Appellate Body said on each: Is launch aid a program?

Even More Double Remedies

AFP reports: China said Monday it would levy anti-subsidy duties of up to 11.19 percent on imports of EU potato starch, in apparent retaliation over Brussels' decision to slap taxes on Chinese fine art paper. The commerce ministry said in a statement that importers of potato starch will