International Economic Law and Policy Blog (Page 491)

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AB in Tyres and the Chapeau Jurisprudence

The AB report in Tyres reversed the Panel’s interpretation of “arbitrary or unjustifiable” discrimination under the chapeau of Article XX with respect to the Mercosur exception and the Panel’s interpretation of “arbitrary” discrimination with respect to the used tyres exemption. Upon a preliminary reading of the report, I

Mitt Romney on the WTO

Mitt Romney on the WTO: I realize that with the [World Trade Organization] there are many features that are not advantageous to us. It doesn't deal with manipulation of currencies as it should. It doesn't deal with protection of intellectual property as it should. We'

The Real World Impact of WTO Rulings: Chiquita

Reuters reports: Shares of banana importer Chiquita Brands International Inc jumped over 9 percent on Tuesday on reports a World Trade Organization panel has ruled in favor of Ecuador in a challenge to the EU's banana tariff policy. Oppenheimer analyst Barry Sine said in a note to clients

Tyres Out

Some very quick, and preliminary, thoughts on the Appellate Body decision in Brazil-Tyres. The AB reversed the panel on the question, under the chapeau of Article XX, of whether Brazil’s exception of MERCOSUR imports of retreads is arbitrary or unjustifiable. Interestingly, the AB suggested that in order to

Hillary Clinton Talks Trade with the FT

Hillary Clinton did an interview with the FT on trade and economic issues. I'll probably come back to this later, but one thing she said jumped out at me and I wanted to mention it here: And I agree with Paul Samuelson, the very famous economist, who has

Fisheries Subsidies in the New Draft SCM: At Last a Recognition of the Concept of Environmentally Harmful Subsidies (EHS)?

I have just had a look at the new draft Annex VIII of the SCM on fisheries subsidies. There is a lot to say on this Annex but there was a point that I impatiently wanted to check, namely the recognition or not for the first time of the concept

One More Question from the Republican Debate

One more trade related question from the CNN/YouTube Republican debate: YouTube question: Good evening, candidates. This is (inaudible) from Arlington, Texas, and this question is for Ron Paul. I've met a lot of your supporters online, but I've noticed that a good number of them

The Zeroing Negotiations

From the draft consolidated texts on anti-dumping and subsidies and countervailing measures circulated by the WTO today, there's this new provision that appears to govern zeroing: 2.4.3 When the authorities aggregate the results of multiple comparisons in order to establish the existence or extent of

China's AB Appointment and Judicial Impartiality

Over at OpinioJuris, Roger Alford voices some concerns about the willingness of a Chinese AB Member to rule against China. AB Member have so far had a very good record of impartiality, with EC and US members regularly contributing to reports ruling to the detriment of their home state. Would

Korea DRAMs and the Interpretation of "Allowing": The Source of the Appellate Body's Mistake.

The interpretation of the term "allowing" in Article 12.9 of the SCM by the AB in Korea DRAMs is based on a decisive mistake. It feigns to read the word "allowing" as a term which concerns the investigative authorities and that these are the ones