International Economic Law and Policy Blog (Page 96)

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“Personal Dignity” as a Non-Trade Value in Trade Policy?

I was struck by the notion of “personal dignity” in USTR Lighthizer’s recent article “How to Make Trade Work for Workers.” He framed the article by asking the question: “What should the objective of trade policy be?” Instead of the goals of promoting world peace and economic efficiency, Lighthizer

Transnational subsidies - Part II

Over the past few weeks, various posts have appeared on this blog relating to the issue of transnational subsidization. These posts have focused on one specific aspect of the problem – the extent to which the EU could countervail imports from one country (Egypt), where they are subsidized by a third

India, South Africa and the MPIA

We hear much of the WTO Members who are pushing the MPIA, and much also of US opposition, but less about the views of many other Members, such as India, South Africa and ACP countries, who have not signed on. So it was with some curiosity that I attended a

Food Regulation, Science, Protectionism, and Regulatory Autonomy/Sovereignty

I feel like the role of science in trade agreements doesn't get enough attention, and I'm always excited to see someone trying to raise the profile of this issue. Here is a question from Congressman Earl Blumenauer at last week's House Ways and Means

How to Game the MPIA, or, How to Avoid Being Taken Advantage of in the MPIA

The newly-established Multiparty Interim Appeal Arbitration Arrangement (“MPIA”) contains an interesting provision in para 18 of its “Agreed Procedures”: “At any time during the arbitration, the appellant, or other appellant, may withdraw its appeal, or other appeal, by notifying the arbitrators. This notification shall also be notified to the

The WTO Force Is Everywhere!

This is what Alan Beattie seems to argue (“WTO Still Has Ability to Affect Rulings and Regulation Elsewhere”). He stated that: “WTO laws and rulings are regularly cited in investment tribunals, bilateral trade disputes and even the European Court of Justice. Despite its reservations about WTO dispute settlement, for example,

Enforcement in the China Phase One Deal

In today's Senate Finance Committee hearing on trade policy, Senator Wyden and Ambassador Lighthizer had this exchange (1:01:55): Wyden: Let's go on then to another key enforcement issue, and that's China Phase One. The first stage of dispute resolution, there is basically

No ISDS in U.S. - UK FTA?

Here's a question from Congressman Lloyd Doggett to Ambassador Lighthizer at today's Ways and Means Committee hearing: Doggett: Do you envision in the agreements that you're currently negotiating to maintain the progress that we made in the USMCA with regard to dispute resolution so

Guest Post: The European Commission attempts to rein in BRI subsidies

This is a guest post from trade lawyer Victor Crochet: On 15 June 2020, in Regulation 2020/776, the European Commission decided to countervail financial contributions granted to an Egyptian entity by Chinese public bodies. To reach this conclusion, the Commission explained that the government of the exporting country, in

Who's Going To Pay For Supporting The MPIA?

Paragraph 7 of the Multi-Party Interim Appeal Arbitration Arrangement Pursuant to Article 25 of the DSU says: The participating Members envisage that appeal arbitrators will be provided with appropriate administrative and legal support, which will offer the necessary guarantees of quality and independence, given the nature of the responsibilities