International Economic Law and Policy Blog (Page 441)

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Merry Christmas to China - from Geneva

The AB report for the Auto Parts case has just been released to the public. Not surprisingly, the AB affirmed the Panel on almost all accounts. However, by refusing to affirm the panel on the Art. II.1 claims, the AB has left a huge loophole in the future implementation

The Bush-Schwab Policy on the Colombia FTA Has Failed

The recent adjournment of the 110th Congress provides the final verdict on the Bush Administration’s strategy for securing the enactment of the Colombia-US Free Trade Agreement. The verdict is that the non-cooperative strategy of President Bush and U.S. Trade Representative Susan Schwab failed miserably. By way

Dani Rodrik on Policy Space

Dani Rodrik argues: Developing nations also need to enshrine the notion of "policy space" in the World Trade Organization. The goal would be to ensure that developing countries can employ the kind of trade and industrial policies needed to restructure and diversify their economies and set the stage

Barcelo on Burdens

John Barcelo has posted an article on SSRN called "Burden of Proof, Prima Facie Case and Presumption into WTO Dispute Settlement." The abstract: The essay maintains that the WTO Appellate Body's concepts and terminology concerning a claimant's burden of proof-the concepts of prima

More Muddling of "Interpret" and "Clarify"

In the recent decision in Bananas, the AB had this to say about "interpretations" under WTO Agreement Article IX:2: 383. Multilateral interpretations of provisions of WTO law are the next method identified above. Article IX:2 of the WTO Agreement sets out specific requirements for decisions that

Trade in Everything: Hooter's Restaurants

From the Palm Beach Post: The American Owl — the Chinese name for Hooters — has capitalized on such trademarks of American culture to prosper in China. Since opening the first American Owl in 2004, owner Jim Li has expanded the chain to five restaurants in three cities. "Hooters has a

Eric Posner Imagines a Non-Discriminatory Auto Bailout

From the Volokh Conspiracy: The government would offer cheap loans to foreign automakers as well as domestic automakers, for example. The stimulus would benefit the Japanese and German economies as well as the American economy, but it would not give any advantage to American automakers unless their problem is really

A (Limited) Obama NAFTA Update

From an interview with the LA Times: Q: ... Also, on NAFTA, we've heard that you might support maybe a study and then a report, instead of a wholesale reworking of the agreement right away? [Obama]: Well look, my economic team is reviewing these issues. You know, I'

The Supreme Court Hears a Dumping Case

ScotusWiki summarizes here. From the argument preview they prepared: Tomorrow in Nos. 07-1078 and 07-1059, USEC v. Eurodif and United States v. Eurodif, the Supreme Court will consider whether the Federal Circuit should have accorded Chevron deference to the Commerce Department’s construction of 19 U.S.C.

Trade News

Those of you who read this blog at the web site (as opposed to a feed reader or email) probably noticed the trade news articles on the right side of the page. This is something we are working on for WorldTradeLaw.net, but thought we'd try it out