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The U.S. and WTO Disputes

Robert Lawrence of the Kennedy School has a report out with CFR entitled "The United States and the WTO Dispute Settlement System."  From the press release, here are some of his main recommendations.  For the system: Lawrence proposes a series of realistic fixes to bring about a more
Simon Lester 23 Mar 2007 1 min read

Are we, trade law academics, irrelevant?

A column in the New York Times – about how US judges find academic writings irrelevant – reminded me of a question I have had for some time:  Why is it that WTO panels and the Appellate Body almost never, ever, refer to scholarly writings (and if they do, it is to
Pauwelyn 21 Mar 2007 1 min read

Doha Zeros

There is an interesting article by Alan Beattie in yesterday's FT.  Beattie first observes that dispute settlement is heating up in response to the continued failure to conclude Doha.  He then refers to Robert Lighthizers' complaints about the AB, which we have discussed before.  Then Beattie makes
Joel Trachtman 20 Mar 2007 1 min read

Detlev Vagts on the History of IEL

For a wonderful tour d'horizon of the history of international economic law, albeit through the lens of the AJIL, see Detlev Vagts article at 100 AJIL 769 (October 2006).  Here is the conclusion: Looking back on the relationship between international economic law and the Journal, one wonders why
Joel Trachtman 20 Mar 2007 1 min read

A "Glimpse" at the Aicraft WTO Panel Meetings

As stated in news reports, the WTO will offer a "glimpse" at the upcoming panel meeting in the aircraft case (the one brought by the U.S. against alleged subsidies to Airbus).  The actual meeting will be tomorrow.  However, the "glimpse" will occur on Thursday, via
Simon Lester 19 Mar 2007 1 min read

The First CAFTA Investment Claim

In what is being reported as the first investment claim under CAFTA Chapter 10 (the claimant's press release says it is "believed to be the first notice of intent" under this provision), Pittsburgh-based Railroad Development Corporation (RDC) filed a claim alleging that actions by the
Simon Lester 16 Mar 2007 1 min read

Joost Pauwelyn on Non-Discrimination

A few months ago, I did a post praising a paper by the WTO's Mireille Cossy, which was on "likeness" and non-discrimination under the GATS.  I stand by my statement that she "addressed some of the hard issues involved in an intelligent way."
Simon Lester 15 Mar 2007 2 min read

Trade and Labor--Fast Track

In yesterday's FT, Gary Hufbauer and Theodore Moran argue against the inclusion of requirements for core labor standards in fast track legislation: US congressional Democrats, led by Sandy Levin and Barney Frank, are insisting that core labour standards promoted by the United Nations’ International Labour Organisation be included
Joel Trachtman 13 Mar 2007 1 min read

Exchange Rates and Trade: A void in international economic law

It has long been recognized that the Bretton Woods system no longer serves the contemporary international trade order. As Frieder Roessler concluded in his piece "The Relationship Between the World Trade Order and the International Monetary System" (see Chapter 7 of his book, "Essay on the International
Julia Qin 10 Mar 2007 2 min read

Public Panel Hearing in the Aircraft Dispute

For those in Geneva (or those willing to make the trip), DG Trade posted the following on its web site in relation to public access to the DS316 Aircraft panel meeting: External Trade draws your attention to a public viewing of the panel hearing in the WTO dispute between the
Simon Lester 09 Mar 2007 1 min read

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