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IEL in Domestic Courts

20 posts

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.

The U.S.-Peru FTA Goes to Missouri

It’s not every day that a trade agreement finds its way into U.S. courts – especially not as a basis to dismiss a tort claim in Missouri. Tomorrow, the U.S. Court of Appeals for the Eighth Circuit will hear Reid v. Doe Run Resources Corp. In a rather

The Missing Legal Strategy for the US-China Trade War

The Missing Legal Strategy for the US-China Trade War Steve Charnovitz 23 May 2019 The Trump Administration's strategy against China suffers many flaws, the most serious of which is the failure to use judicial procedures in the WTO. As my recent study https://papers.ssrn.com/sol3/papers.

Financial University Organizes Conference on Russia and the WTO

On 19-20 May 2015, the Financial University of the Russian Federation held its first international conference on the topic of "WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching." To my knowledge, this was the first international legal conference held to address

Old Hawaiian Case Applying GATT (Articles III and XX) Law

I've often seen references to the 1957 Hawaiian court case Territory v. Ho, in which a Hawaiian law requiring those selling foreign eggs to display a "WE SELL FOREIGN EGGS" sign was struck down as a violation of the GATT (via Article VI, clause 2 of

IEL in Bosnian Law

Following-up on item 2 in this post, here's a news report on a Bosnian court decision: Bosnia's top court has annulled an import tax law which it said violated a regional free trade treaty and commitments to the EU, while about 1,000 farmers and food

International Trade Agreements and Domestic Law

I came across two items related to the treatment of international trade agreements in domestic law. I'm going to combine them in this post even though they are completely unrelated otherwise. 1. From the R-CALF (a group which represents U.S. cattle producers) submission to USTR related to

Interpreting International Law

On SSRN, Professor Michael Paulsen has posted "The Constitutional Power to Interpret International Law." An extract from the paper: What, then, of international bodies’ interpretations of international law, including international treaties to which the United States is party—such as the U.N. Charter, the Geneva Conventions, and

WTO Rulings in EU Law: More from Bananas

EU law experts will probably have more insights into this then I will, but I thought it worth noting the latest developments in the case in which some European companies claimed compensation under EU law for financial damages arising from the U.S. sanctions in the EC - Bananas case.

Gender Discrimination through Tariffs

I'm a bit late to this, but it's an interesting case and I thought I should start following it. As an old NY Times article explains, there are often tariff differences in the U.S. tariff schedule between men's and women's versions