International Economic Law and Policy Blog (Page 451)

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Adversarial discourse and the culture of science in Hormones II

I am struck by a difference in perspective between the panel and the appellate body with respect to the role of scientific expertise in advocacy. The panel seems to believe in the reliability and credibility of scientific expertise and thereby downplays the risk that science can be subverted to bolster

More Online Gambling Tensions

Another front opens up in the gambling dispute: A judge in Kentucky seized the Web addresses of more than 140 Internet-gambling sites last week, the latest example of how local governments can affect online businesses with physical operations beyond their jurisdictions. ... In the Kentucky case, Circuit Court Judge Thomas

Mavroidis on Hormones II

Petros asked me to post the following for him: I had one big concern when I read the panel report: the manner in which the panel understood Art. 23.2 DSU. For the rest I appreciated the manner that they went about precaution reversing (implicitly so) prior case law which

2 quick points on Hormones II

Two quick points in relation to the decision in Hormones II: I’ve always found it quite difficult to understand the distinction between scientific uncertainty and insufficiency of evidence in relation to Article 5.7. Does the AB do a better job of explaining it here (para. 677)? For the

Doha negotiation on Fisheries Subsidies

On 30 November 2007, Chairman of the WTO Negotiating Group on Rules issued Draft Consolidated Chair Texts of the AD and SCM Agreements (TN/RL/W/213), which contained Annex VIII to the SCM Agreement on Fisheries Subsidies. Annex VIII provides a wide range of prohibited fisheries subsidies that contribute

Nominating the Next WTO DG

On October 14, 2008, Ambassador Bruce Gosper, the chair of the WTO General Council, announced the procedures that would be used to select the Director-General after Pascal Lamy’s term expires. Many observers think that Lamy will agree to serve again, and I hope that proves right as Lamy

Hard Cases (Can) Make Good Law

Hot on the heels of Joost's insightful summary and assessment of the Hormones II AB Report, and before more detailed discussion of the particular issues soon ensues, I would like to put forward a general assessment of this Report. A deliberately general assessment of the Report, as a

Is the bloodbath in Hormones justified?

As you may have heard, yesterday (Oct. 17), the Appellate Body released its long awaited report in the Hormones suspension case. Remember: In that case, the EC challenged US & Canadian continued sanctions as a violation of the DSU on the ground that (i) the EC had “removed” the illegal

Implementing REACH: the New EU Chemicals Regime

Things are hotting up in relation to the EU's controversial chemicals regime. The Commission is poised to adopt a decision identifying the first substances of very high concern to be included in a so-called candidate list. If these substances are included on the 'final list for

Trade in Last Night's Debate

From the transcript (nothing really new here, but I'll post it anyway): McCain: ... By the way, when Sen. Obama said he would unilaterally renegotiate the North American Free Trade Agreement, the Canadians said, "Yes, and we'll sell our oil to China." You don'