International Economic Law and Policy Blog (Page 52)

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Guest Post: Cyclical Stability

This is a guest post by James Flett of the European Commission. The views expressed are those of the author, not the EU, the EU Commission, or its Legal Service. “Cyclical Stability” Since we seem to be in a cyclical environment, we should perhaps consider whether or not we can

GATT Article III:4 Less Favorable Treatment Issues in the EU - Palm Oil Case

In a series of TBT cases a while ago, the Appellate Body was confronted with defining the similar but not identical legal standards in TBT Agreement Article 2.1 and GATT Article III:4. Roughly speaking, its conclusion was that Article 2.1 required an examination of "regulatory purpose&

U.S. Court Rules that "Gruyere" Is a Generic Term

Periodically, I like to start fights with Europeans on Twitter about geographical indications. It's not a perfect breakdown by country/continent, but it mostly lines up as a "new world" vs. "old world" fight. Recently I started a good one based on a U.

Katherine Tai on WTO Dispute Settlement Reform

U.S. Trade Representative Katherine Tai spoke today at an event hosted by The Institute of International and European Affairs. Here is something she said on WTO dispute settlement reform: On dispute settlement, ... I think that we need to come back to first principles ... . I know there's a

Congress' Sense of the WTO, as Articulated in USICA

I found the "sense of Congress" on various WTO issues in the Senate's United States Innovation and Competition Act of 2021 bill to be interesting, and it made me wonder about the process for coming up with this part of legislation. Many of these points I&

Biden Administration Thinking about COOL Again

This is from a White House fact sheet from Monday: Issue new “Product of USA” labeling rulesso that consumers can better understand where their meat comes from. already begun A vague statement like this one is going to generate concern that the U.S. will once again try to use

The Iran Deal: As the Vienna Talks Resume With a Focus on Economic Sanctions Relief, A Look Back at Snapback

Tomorrow, negotiators from the parties to the original Iran Deal, the JCPOA, will return to Vienna to continue talks on restoring the accord that was broken by the Trump Administration. In the coming days and weeks, the focus will move squarely to Iran's demands for sanctions relief. As

What Was the Purpose and Intent of the USMCA?

This is from the first USMCA Chapter 31 panel report, on Canada -Dairy TRQs, circulated today: c) Purpose and Intent of the Treaty As the Preamble to the Treaty explains, the Parties resolved to promote trade between the signatory states by creating “freer, fairer markets,” and “incentivizing the production and

Fit for Whose Purpose?: How Panelists Interpret Labor Rights in Trade, and What That Tells Us about the Trade/Labor Relationship

While many of us were celebrating the holidays with family, an important law review article dropped silently and inconspicuously into the fray. That article, Fit for Purpose: The Extent and Enforcement of International Trade Agreement Labor Obligations After Guatemala – Labor Obligations Decision, was written by Professor Kevin Banks, who served

Taking Stock of the Vienna Talks on a Restored Iran Nuclear Deal

As negotiators interrupted the 8th round of talks on restoring the JCPOA for the New Year's holiday, the mood in Vienna ranged from confidence that the bargaining would continue until an agreement is reached, to more cautious statements of hopefulness from the United States. Since until now the