International Economic Law and Policy Blog (Page 65)

International Economic Law and Policy Blog

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What Would Happen if WTO Members Voted on AB Appointments?

Henry Gao has been making the case that WTO Members should have a vote on appointing AB Members, as a way to get around the U.S. block. I don't think that's likely to happen, but just for fun, I ran a totally unscientific Twitter poll

Guest Post: Eco Oro Minerals Corp. v. Republic of Colombia: some thoughts on an investor’s due diligence

This is a guest post from law professor Yulia Levashova: The investor’s due diligence has become a significant factor in determining whether the legitimate expectations based on the stability of a regulatory framework of an investor give rise to protection under the FET standard. According to numerous recent decisions

Guest Post: Appointing Appellate Body Members by Majority – A Draft Article IX:2 Interpretation

This is a guest post from law professor Geraldo Vidigal (see also my totally unscientific twitter poll related to this issue): With the Biden administration having continued the previous administration’s stance of blocking all appointments to the Appellate Body, the issue of the appointment members by majority is back

Guest Post: Proof that WTO subsidy rules are out-of-date in the climate change age

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: Last December, the US Commerce Department ruled that, under the EU's Emission Trading System, extra free allowances received by EU producers with high carbon leakage risks constituted a countervailable subsidy. Soon after the

A Sixth Agreement To Use the MPIA

I previously noted the five WTO disputes where agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) have been circulated (as well as an agreement to use Article 25 arbitration outside the context of the MPIA). There is now a sixth dispute, China - Canola

RCEP's Airtight Data Localization Security Exception

Security exceptions in international economic law agreements tend to be more expansive than other exceptions, but over on Twitter Geraldo Vidigal pointed out recently that the RCEP security exception for data localization measures has an element that seems to go further than usual, giving any government that invokes the exception

Call for Venues for the SIEL Biennial Global Conference in 2023

From the SIEL: The Society of International Economic Law (SIEL) is seeking a suitable venue and institutional host for the Eighth Biennial SIEL Global Conference, to be held in July 2023. The Call for Venues is open to all institutions (including consortia or collaborations of institutions) active in the field

Guest Post: The CPTPP/TPP-11, the UK and China

This is a guest post from law professor Jaime Tijmes Trans-Pacific Partnership (TPP) negotiations concluded in October 2015.[1] United States President Obama heralded the TPP as a renegotiation of NAFTA: …TPP representing a renegotiation of NAFTA… (available at https://web.archive.org/web/20191217063334/https://ustr.gov/tpp/) As

The Eco Oro Minerals v. Colombia Award: More Evidence that MST/FET Can't Be Salvaged

Over on Twitter, lots of people are talking about the recent investment arbitration award in Eco Oro Minerals v. Colombia. (For Investment Arbitrator Reporter subscribers, a summary of the tribunal's reasoning is here.) I've followed some of the Twitter discussion, but haven't read the

Can Domestic Disputes Over Who Is the Legitimate Government of a Country Be Addressed at the WTO?

What happens if governments raise concerns at the WTO over whether a particular government is a legitimate one? Here is the U.S. statement at the March 26 DSB meeting as summarized in the official minutes: 1.2. The representative of the United States said that, pursuant to Rule 6