New Bloggers: Don Regan and Francis Snyder
Hearty welcome to our excellent new bloggers: Don Regan of Michigan and Francis Snyder of LSE.
EC-Biotech: a true hidden gem, if not the jewel in the crown (of thorns)---"treatment no less favourable"
As I recall Joost's excavation of the gems in EC-Biotech may not have included the panel's analysis of Art. III:4 of the GATT, National Treatment. As I understand it, fleshing out the meaning of what the AB said about "treatment no less favorable'
More Soft Drinks (by Guest Blogger Don Regan)
Thank you, Joel, for letting me join the discussion of Mexico – Soft Drinks. It seems to me that if one simply picks up XX(d) and reads it as a piece of natural language, taking it all together and attending to the illustrative examples, the picture one gets is of
Direct effect of investment treaties and the exhaustion of local remedies rule?
In a post on opinio juris, Bill Dodge writes as follows:
In an article about to be published, I analyze the different approaches of NAFTA (which allows direct investor claims) and AUSFTA (which does not) and suggest a third approach. Specifically, I argue that because developed countries have developed legal
Welcome to Lorand Bartels
I am very pleased to welcome Lorand Bartels, of University of Edinburgh School of Law, to our group of contributors. I look forward to his insightful contributions.
Congratulations to Greg
I was just reading the Leiter gossip about law professor moves (yes, I really do have better things to do), and read that Greg Shaffer has been appointed to be the first holder of the Wing Tat Lee Chair in International Law at Loyola Chicago. Congratulations.
Bloggership Scholarship
For those who doubt that blogging has anything to do with legal scholarship, there is now a conference planned at Harvard on the topic.
Are we missing the real bottom line of Mexican sodapop?
There are many problematic things that the AB says in its ruling concerning the relationship of different international legal regimes and fora. Some of those things have been discussed in the various posts on this case. And I may address them as well in a future post. But it seems
Has anyone done an edit of the leaked GMO decision?
I'm going to be teaching the EC-Biotech interim report next week, and was wondering whether anyone out there had done an edit for classroom purposes? If not I guess my work will be cut out for me in the next few days. Obviously, the report as it stands,
Soda Pop!
The Appellate Body has issued its (delightfully brief) report in Mexico — Tax Measures on Soft Drinks and Other Beverages” (DS308). The report will merit further study, but it appears on first glance that the Appellate Body has definitively rejected the possibility that panels or the AB would apply non-WTO international