International Economic Law and Policy Blog (Page 68)

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The Beginning, End, and Imminence of Invoking Essential Security at the WTO

With the release of the latest US submission in United States-Origin Marking Requirement (DS597), it is worth thinking about one of the open questions of the GATT security exceptions in today’s climate – what does it mean to take action “in time of” an emergency in international relations? Security exceptions

RCEP dispute settlement - Some observations

As a former WTO lawyer, I am always interested in comparing WTO procedures to those of other trade agreements. I have recently found myself dabbling in RCEP’s dispute settlement provisions. While this is yesterday’s news, perhaps some readers who have not studied the RCEP might be interested in

Guest Post: Making the Rules of the Game with Prudence – Analysis of the EU’s CBAM Proposal

This is a guest post from trade lawyer Bixuan Wu of the Hiways law firm: On July 14, the European Commission unveiled its ambitious “Fit for 55” package, which includes the long-awaited legislative proposal on Carbon Border Adjustment Mechanism (CBAM). The CBAM is the first climate measure that has potential

Krugman on Carbon Tariffs

Paul Krugman has a new op-ed on carbon tariffs that made sense in parts but puzzled me in other parts. Here is the part that I thought made sense: ... You can think of national policies designed to limit greenhouse gas emissions as ways to induce a country’s residents to

How to begin to think about the WTO compatibility of the European Union CBAM

Widely leaked in various versions over the last weeks, the formal Commission proposals for carbon border adjustment have today been publically released. Already on social media, a debate has been unleashed (not surprisingly) about the WTO compatability of the proposals, including a guest post on this blog. My overall thinking

CBAM enters with a BANG: the European Commission puts forth its carbon border adjustment mechanism proposal

This is a guest post by trade lawyer Victor Crochet of Van Bael & Bellis The European Commission just unveiled its proposal for a carbon border adjustment mechanism (“CBAM”) (available here). The proposal provides for a new system where importers must purchase CBAM certificates to cover direct and indirect carbon

Guest Post: The TRIPS Vaccine Waiver Controversy

This is a guest post from law professor Michael Trebilcock and lawyer Dan Poliwoda: THE TRIPS VACCINE WAIVER CONTROVERSY* By Michael Trebilcock Emeritus University Professor of Law University of Toronto Dan Poliwoda Lawyer, Dickinson Wright LLP University of Toronto (J.D., 2020) July 12, 2021 *We acknowledge the invaluable research

International Economic Law Virtual Book Talk Series 2021 - Upcoming Sessions

The American Society of International Law's International Economic Law Interest Group is hosting a summer virtual book talk series again this year and so far has held two conversations featuring recent and upcoming books published by Greg Shaffer and Esme Shirlow. Each book talk event is one-hour long

More on USTR's View of GATT Exceptions in Relation to Non-GATT Goods Agreements

In a post from February on the U.S. - Origin Marking Requirements (DS597) case, I asked: "Is the U.S. really saying that Article XXI applies beyond the GATT?" Based on the U.S. first written submission in the case, the answer is a resounding yes. Here&

USMCA Panel Composition in Dairy Case Announced

The USMCA Secretariat has posted information on the panel members in the Dairy TRQ case: Panel Selection — Dairy Tariff-Rate Quotas On July 5, 2021, the Parties to the Canada-United States-Mexico Agreement, Chapter 31 dispute Dairy TRQ Allocation Measures (CDA-USA-2021-31-01) completed the Panel selection process. The Panel is composed of the