International Economic Law and Policy Blog (Page 359)

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A Non Liquet Example

A little while ago, I posted about Claude Barfield's suggestion on using "non liquet" in WTO dispute settlement: where the texts are unclear or contradictory, panels and the AB should be allowed or even instructed to adopt the non liquet doctrine—or in effect, “it is

The Ukraine-Armenia Cigarettes and Alcohol Dispute

I had been trying to do some posts on the Ukraine-Armenia WTO dispute over taxes and duties on cigarettes and alcohol (DS411), because I figured it would not get reported on much in the mainstream media. But perhaps I better stop trying to do this kind of reporting, given

The EU Tries to Co-opt Some Americans on GIs

From Reuters: A gourmet coffee from the island of Hawaii won an European prize for top quality foods on Saturday as part of Europe's efforts to bolster the global use of prestigious place names like Champagne, Parma or Roquefort. The European Union is in a long-running dispute

International Law as "Conceptual Guidance"

As most of this blog's readers are aware, there is an ongoing debate about the role of international law in WTO dispute settlement. Perhaps adding to that discussion, this is from yesterday's WTO panel report in U.S. - AD/CVD on Products from China (DS379): 8.

Concurrent AD/CVD in the WTO Panel on U.S. - AD/CVD on Products from China

In November of last year, I said this about the issue of concurrent anti-dumping/countervailing duties: GATT Article VI:5 provides: "No product of the territory of any Member imported into the territory of any other Member shall be subject to both anti-dumping and countervailing duties to

Zeroing and Prospective Normal Value Systems

This is from the U.S. opening statement at the second panel meeting in U.S. - AD Measures on Orange Juice (DS382): Brazil’s Arguments Are Inconsistent with Both the Concept of, and Its Own Application of, a Prospective Normal Value System 13. The United States has demonstrated that the

Zeroing and the Role of WTO Precedent

One of the interesting things about the zeroing cases (some might say more interesting than the issue of zeroing itself) is how the existence of many, many prior panel/Appellate Body reports addressing zeroing leads to discussions of the role of precedent in WTO law. This is from the U.

Prohibitions on Labeling under Trade Rules

Most trade law discussions of labeling relate to whether labeling is a possible alternative to a ban or similar strict prohibition on a product, or whether the labeling itself is too trade restrictive. But what would trade rules have to say when there is a government ban on labeling: The

Pascal Lamy and Designations of Origin

From a recent speech: In the 19th Century, when Ricardo developed what was to become the foundations of international trade theory, countries exported what they produced. In fact, the industrial revolution took root in countries that had coal mines and iron ore. A Portuguese entrepreneur importing a steam engine from

Mobil v. Canada: The Scope of Fair and Equitable Treatment

Via a Luke Peterson tweet, I see that the Mobil v. Canada ICSID hearing will be going on this week, starting tomorrow (Tuesday), and is open to the public. No webcasting as far as I can tell, unfortunately. You have to make your way down there. One issue that is