International Economic Law and Policy Blog (Page 56)

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How could China respond to recent US export controls?

On October 3, 2022, the United States provided its latest notification list for all quantitative restrictions (the previous notification was in 2020). The notice does not include the recent export restrictions on AI and semiconductors to China, as part of a broader strategy for U.S. technology competition, formally announced

Neoliberalism vs. Post-Neoliberalism vs. Plain Old Mixed Economies

I recently went to an event on industrial policy hosted by the Roosevelt Institute, and on one panel Rana Foroohar of the FT said the following about neoliberalism and post-neoliberalism: So let me scene set a little bit about where we've been, and in particular, the neoliberal

The Colombia - Frozen Fries MPIA Appeal

The first MPIA appeal (and second DSU Article 25 arbitration appeal) is now underway as Colombia has appealed the Colombia - Frozen Fries (DS591) dispute. The WTO announced today that the following arbitrators will hear the case: * Mr José Alfredo GRAÇA LIMA (Chairperson) * Mr Alejandro JARA * Mr Joost PAUWELYN With regard

Katherine Tai on Enforcing Trade Agreements

This is a question on the enforcement of trade agreements from an event at which U.S. Trade Rep. Tai spoke today: I've always been struck at the priority you place on enforcement of trade agreements. It's always a tricky task for any administration. There have

The Origins of Trade Law's Rules on Domestic Regulation

Until now, research into the League of Nations economic discussions was a serious challenge. You needed to be an archives master like Mona Paulsen to make much progress. But things have changed with a new digitization efforts by the UN folks, which includes most -- and eventually all, I think -- League

Where Did "Scientific Basis" Come From in Trade Rules?

At a Congressional hearing recently to confirm Alexis Taylor as Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, Taylor offered the following comments on "science-based" regulation as an international trade law principle: I think from the question of new trade deals, what I'm

Another Thing Spiking in 2022 America: Harm to the WTO

Friends of the World Trade Organization (WTO) experienced some distress during the US government’s 2017-2020 cycle. They did not expect American disrespect for the WTO and its rules to reach a new, much-higher watermark in the current cycle. But that has occurred. Responsive commentary has been curiously

DSU Article 25 Arbitration: A Long-Term Solution for the Appellate Body Crisis?

To date, proposals for the reform of WTO dispute settlement have focused on institutional improvements of the AB, as represented by the Walker proposal, or possible replacement of the two-tier adjudication with one-tier adjudication by a standing body of full-time panelists, as suggested by Hoekman and Marvroidis

MPIA Update: Another Article 25 Arbitration Appeal Likely Coming Soon, New Dispute Sees Procedures Agreed

There are two new developments with the MPIA. First, Australia and China have agreed "to enter into arbitration under Article 25 of the DSU to decide any appeal from any final panel report as issued to the parties in dispute Australia – Anti-Dumping and Countervailing Duty Measures on Certain

Enforcing the IPEF: Unilateralism and Incentives vs. Adjudication

This is from an Inside US Trade article from last week: Members of the Indo-Pacific Economic Framework for Prosperity agree on a need to pursue binding commitments, ministers told Inside U.S. Trade last week, but those commitments likely will differ from those in other trade arrangements as countries