International Economic Law and Policy Blog (Page 41)

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If I were an Appellate Body. Post 1.

At the close of December, 2 WTO panel reports were circulated. First, United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) on 9 December 2022. Second, United States-Origin Marking (DS597) on 21 December 2022. This post is in multiple parts. The first, If I were an

What is a Free Trade Agreement, Anyway?

This is the second of two posts on trade agreements in the news over the last ten days. During the holidays, Treasury and the IRS confirmed what many had already been discussing since President Biden signed the Inflation Reduction Act in November: that they might take an expansive definition of

Trade Agreement Transparency for the New Year

This is post one of two on trade agreements in the news over the last ten days. Many will know that the president signed into law the National Defense Authorization Act in the days before Christmas. Like several recent big legislative packages, this one contains some important trade-relevant provisions. I

Katherine Tai on National Security

At a CFR event in December, Christina Davis of Harvard asked U.S. Trade Rep. Katherine Tai the following question about the WTO panel ruling on the Section 232 steel and aluminum duties: I'd like to ask about your response to the WTO panel ruling last week that

Guest Post: The Unilateralization of Trade Governance: Constructive, Reconstructive, and Deconstructive Unilateralism

This is a guest post by law professor Geraldo Vidigal. A revised version of this post will appear in the next issue of Legal Issues of Economic Integration. 1. Introduction The year 2022 was a paradoxical one for global trade governance. On the one hand, Members of the World Trade

The First MPIA Award and DSU Article 11

This is from the Colombia - Frozen Fries MPIA Award issued today: 4.2. The Arbitrators take due note of paragraph 12 of the Agreed Procedures, which mandates that the Award in this Arbitration be issued within 90 days of the filing of the Notice of Appeal, and which permits

The First MPIA Award Is Out, and It Discusses AD Agreement Article 17.6(ii) "Permissible" Interpretations

The first MPIA Award, in the Colombia - Frozen Fries disputes, was circulated today. In a previous blog post on this dispute, I had some uncertainty about whether the arbitrators would say anything about the AD Agreement Article 17.6(ii) legal standard of review, but it turns out they

Questions about U.S. Trade Policy

Like many people, I have some questions about U.S. trade policy these days. I don't know if asking them publicly like this will get U.S. trade officials to answer, but it can't hurt to try! Here are four areas where I'd like

Call for Papers “A Sustainable International Investment Law for Energy? The Role of the EU and the Troublesome Practice and Future of the Energy Charter Treaty”

This is from Luca Rubini: DIEcon, the Interest Group on International Economic Law of the Italian Society of International and EU Law (SIDI), together with Professors Pia Acconci and Maria Rosaria Mauro, launches the Call for Papers “A Sustainable International Investment Law for Energy? The Role of the EU and

Katherine Tai on the Global Arrangement on Sustainable Steel and Aluminum

At an EXIM bank event yesterday, U.S. Trade Representative Katherine Tai said the following about the proposed Global Arrangement on Sustainable Steel and Aluminum: And the concept would be for the US and the EU to join our markets, and to use access to our markets to leverage fair