International Economic Law and Policy Blog (Page 366)

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More on Concerns with Investment Arbitration Standards

In the comments, anon99 says: Pauwelyn has a new article which "claims that based on fifteen years of operation both the hopes and fears traditionally linked to TRIPS and its enforcement under the WTO dispute settlement system were and continue to be largely exaggerated." It is getting close

Scott Lincicome on the China Currency Bill

What will the impact be if the china currency bill passed by the House eventually becomes law? Scott Lincicome explains: Assuming the bill becomes law as written, a large spike in CVD petitions against China is highly unlikely in the near term. Instead, only a small number of “test case”

Stuxnet and Trade

Cybersecurity is looming ever larger as a concern of governments and businesses, not to mention individuals. The recent revelations regarding worm attacks on industrial installations, including perhaps Iranian nuclear processing plants, have heightened concern. Today's New York Times has a story about India's requirements imposed on

Extraterritoriality Conference

Beyond Borders: Extraterritoriality in American Law Southwestern Law School, Nov. 12, 2010 On Friday, November 12, 2010, Southwestern Law School in Los Angeles, California is hosting a symposium titled Beyond Borders: Extraterritoriality in American Law. This one-day symposium will bring together leading legal figures from throughout the country to

The Philip Morris Investment Claim

I did some previous posts (see, e.g., here) about the investment claim brought by Philip Morris against Uruguay under a Uruguay-Switzerland BIT. Todd Weiler, who knows a thing or two about investment claims, has written a legal opinion for Physicians for a Smoke Free Canada, in which he

The Tuna/Dolphin NAFTA Panel Request

As discussed here, here, here and here, Mexico and the United States disagree on the proper forum for the current tuna/dolphin dispute. Mexico thinks the WTO is the right forum; the United States thinks the dispute should be removed to NAFTA. The dispute is proceeding at the WTO (for

Internet Gambling Bans and the Dormant Commerce Clause

One of the lingering questions for me after the U.S. - Gambling WTO dispute was how a pure internet gambling ban would be treated under WTO rules. The measures at issue in U.S. - Gambling had some pretty clear discriminatory aspects. What if the U.S. measures had simply banned

More on Export Contingency and China Currency Issues

We had a good discussion here about the proper approach to determining export contingency in relation to Chinese currency issues. In the comments on the linked post, anon99 said this: Exporters don't have to export to get the "extra RMB". They could, for example, make overseas

China-Japan Trade Tensions

From the NY Times: Sharply raising the stakes in a dispute over Japan’s detention of a Chinese fishing trawler captain, the Chinese government has blocked exports to Japan of a crucial category of minerals used in products like hybrid cars, wind turbines and guided missiles. Chinese customs officials are

The Two U.S. Complaints Against China

The two recent U.S. WTO complaints against China are here: China - Electronic Payment Services (DS413)China - AD/CVDs on Electrical Steel (DS414)President Obama had this to say on the issue of trade complaints against China in reponse to a question yesterday at a town hall: MR. HARWOOD: China.