International Economic Law and Policy Blog (Page 373)

International Economic Law and Policy Blog

Sign in Subscribe

Retaliatory Anti-Dumping

Can anti-dumping measures be used as a response to another country's anti-dumping measures? From the recent consultations request by the EU in China - Provisional AD Duties on Fasteners (DS407): 2. The EU considers that Article 56 of the Regulations of the People's Republic of China

Zeroing in "Targeted Dumping" Situations: The Next Battleground?

Trade lawyers Bob LaFrankie and Alicia Winston write (registration required) about a recent DOC decision related to zeroing in the "targeted dumping" context: Foreign exporters and U.S. importers should take note of a recent antidumping decision that represents a significant change in the U.S. Government'

GATT Articles I and II and the China Specific Safeguard

A while back, I wrote about the Chinese consultations request in the U.S. - Tires Safeguards (DS399) case. I was intrigued by how China presented its claim. Here's what I said then: " instead of simply claiming a violation of the Protocol, China characterizes its claims as

"Clarifying" WTO Provisions Through the DSU

I wanted to follow-up on my postabout a NAFTA Chapter 19 panel's consideration of zeroing under U.S. law. I realize that I put a lot of emphasis on DSU Article 3.2 as the basis for arguing that WTO panel and Appellate Body clarifications of WTO provisions

Choosing Panelists in the Philippines - Alcohol Taxes Case

The selection of WTO panelists is one of the least transparent parts of the WTO dispute process, and is rarely discussed publicly. So, I thought these statements by a trade official might be of interest to readers who would like some insights into the process: THE PHILIPPINES has proposed criteria

Human Rights in Trade Agreements

A proposal by a Canadian politician: Canadian opposition lawmaker Scott Brison, whose proposal to include human rights reviews in a free trade accord with Colombia may win its passage, said the idea could jumpstart a similar agreement stalled in the U.S. Congress. Critics of trade with Colombia say President

Free Speech and Free Trade

Columbia University President Lee Bollinger wants the WTO to help promote free speech: On Google’s recent development with China, Bollinger said, “I have the sense that the lines have been drawn in the sand and Google is withdrawing to Hong Kong and maybe beyond. … What's going to

NAFTA Chapter 19 Zeroing Decision

As mentioned a little while ago, a NAFTA Chapter 19 panel recently found that zeroing violates U.S. law. Here's a brief rundown of the majority opinion, and a little bit about the dissent. The issue addressed by the panel majority was: "Whether Commerce’s Application of

Fixed vs. Floating Exchange Rates (and Conservative vs. Conservative)

Scott Lincicome reports on recent remarks of Nobel Prize-winning economist Prof. Robert Mundell (who is described by the Heritage Foundation as "the academic founder of supply side economics"). Here's a summary of the key point for my purposes, from Sean Rushton of NRO:[Mundell] says the

Tobacco Trademarks and BITs, TRIPS and NAFTA

Following up on the "plain packaging of tobacco products under TRIPS" post, which generated a good deal of discussion, there's a related issue in a BIT challenge to Uruguayan measures that affect the use of trademarks. As Luke Peterson of the Investment Arbitration Reporter explained a