International Economic Law and Policy Blog (Page 361)

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The First Labor Complaint Under a Trade Agreement

From a speech today by USTR Ron Kirk: So today I am announcing that the Obama Administration will file a case against Guatemala under our trade agreement with Central America and the Dominican Republic, for apparent violations of obligations on labor rights. This is the first labor case the United

The Investor-State Challenge to Uruguay's Anti-Tobacco Law

Via a Luke Peterson tweet, I see that Uruguay is planning to weaken its anti-tobacco law (see this old post for more), in response to a Phillip Morris investment treaty challenge: Uruguay's government yesterday said it would tweak the legislation, or possibly draft a new law, to fend

The U.S. Position on Free Trade and the Internet

In Foreign Affairs, this is from Betsy Gelb and Emmanuel Yujuico (of IPE Zone): Another example of a failed effort to apply a largely American vision of technology to a non-U.S. cultural environment involves the Internet search giant Google. In January, after the e-mail accounts of Chinese human rights

THE "OLD TIRED" LOTUS PRINCIPLE IN THE KOSOVO CASE: IS THE WTO AHEAD OF THE ICJ ON THIS POINT?

In the Kosovo case, the UN General Assembly asked the International Court of Justice (ICJ) whether Kosovo’s declaration of independence was “in accordance with international law”. The Court determined for all practical purposes that the term “in accordance with” is to be understood as asking whether there is a

Cell Phone Radiation Labeling and Trade Agreements

As you may have heard, San Francisco recently passed a law requiring that cell phones must have labels telling consumers how much radiation they emit: Imposing roughly the same cautionary standards for cellphones as for fatty food or sugary soda, [San Francisco] — never shy about its opinions — voted on Tuesday

Investor-State and States (Well, Provinces)

Trade lawyer Lawrence Herman talks about the local versus federal aspect of investor-state rulings: All of this raises the question as to how the federal-provincial aspects of Chapter 11 reviewed in this article will play out and how the two levels of government will deal with these issues in the

Some New Players in WTO Dispute Settlement

It's always exciting for me to see a new consultations request posted on the WTO web site. In addition to the substance, I like to see who the parties are. It's great to find someone other than the usual suspects. The latest request, in DS411, has

Trade Lawyer Position in Geneva

Even though it has been a long time since I was a trade lawyer in Geneva, people often ask me for advice on how they can become a trade lawyer in Geneva. Well, here's a good opportunity: The successful candidate will ideally have at least 5-6 years of

And Yet More on Trade Remedies under NAFTA

This is from Canadian trade lawyer Lawrence Herman, in a C.D. Howe Institute paper: Trade remedy cases under Chapter 19 of the NAFTA have been tapering off for several years. There was a flurry of activity under the Free Trade Agreement and in first five years of the NAFTA.

Speaking of Trade Remedies and NAFTA ...

... as I was in the last post, a number of prior NAFTA Chapter 19 panels have addressed the permissibility of zeroing under U.S. law. In yesterday's panel report in LWR Pipe and Tube, the panel addressed a different question: Is the Department of Commerce allowed to stop