International Economic Law and Policy Blog (Page 358)

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China's Appeal in the U.S. - AD/CVD on Chinese Products Dispute

China's appeal in the U.S. - AD/CVD on Chinese Products (DS379) dispute is here: http://www.worldtradelaw.net/na/ds379-6(na).pdf Some key issues in the appeal: Double Remedies This is the one I blogged about here. (In the comments on that post, I mentioned

Krugman: "A countervailing duty on Chinese exports would be job-creating; a deal with South Korea, not."

From Paul Krugman: One thing I’m hearing, now that all hope of useful fiscal policy is gone, is the idea that trade can be a driver of recovery — that stuff like the South Korea trade agreement can serve as a form of macro policy. Um, no. ... There is a

The Korea-U.S. FTA: We Have a Deal

As everyone has probably heard by now, U.S. and Korean negotiators were able to work out a deal on an FTA. Reuters reports: The United States and South Korea have reached a deal on auto issues that have blocked congressional approval of a free trade agreement for three years,

More on State Capitalism and Trade Rules

For those who were interested in Julia's post from last week, check out this EU argument in the EC - Fasteners case (the panel report was circulated on Friday): 7.86 ... the European Union maintains that in non-market economies, the State may be found to be the source

Legalized Online Gambling in the Lame Duck?

No doubt Antigua, the complainant in the U.S. - Gambling dispute, would still like to have (legal) access to the U.S. online gambling market. Will they get it? From the AP: Senate Majority Leader Harry Reid is pushing behind the scenes for lame-duck legislation that would allow poker

Australia - Apples: Some Appellate Body Statements on "Purpose"

Any time the Appellate Body says something about "purpose" (or "intent" or "aim" or "motive"), in whatever context, it's worth noting, because it may have broader implications. This is from the Australia - Apples AB report, in the context of the

Australia - Apples: The SPS Agreement Standard of Review under Article 5.6

It appears that a WTO panel can be too deferential in applying its standard of review under the SPS Agreement. This is from Monday's Australia - Apples AB report: 356. In considering further the Panel's approach to analyzing whether New Zealand's proposed alternative measures meet

Report on the Third Participants' Oral Statements in the WTO Airbus Dispute

As mentioned the other day, Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva attended the public viewing in the WTO Airbus hearing. Their summary of the third participants' oral statements is here: http://www.worldtradelaw.net/

Expropriation Through Taxation?

From AFP: US-owned bottled water giant Fiji Water shut down operations in the military-ruled Pacific nation Monday, branding it "increasingly unstable" and a risky place to do business. Fiji Water president John Cochran condemned the government's decision last week to hike taxes on the

Is there something wrong with this picture? (as painted by the Panel in US-AD/CVD)

I have finally finished reading the Panel report in DS379. What an amazing decision! The Panel has effectively declared the second largest economy in the world as a completely distorted one for the purpose of the SCM. The following are some key points of the decision, and their possible implications: