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International Econ Law & Policy Blog

International Economic Law and Policy Blog

“A weblog dedicated to current developments and scholarship in the field of international economic law and policy.”


December 19, 2014, 7:43 pm, 1392416

Within the last two weeks, the Appellate Body has issued two important decisions interpreting the SCM Agreement: US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437). In DS436, India raised numerous complex issues under SCM; in DS437, China mounted a systematic challenge to more than a dozen US CVD investigations. While ...


December 18, 2014, 11:43 pm, 1391851

The Appellate Body (AB) report on the “United States –Countervailing Duty Measures on Certain Products from China” (WT/DS437/AB/R) is out. Interestingly, the AB reversed some of panel’s findings. Two reversals stand out: the de facto specificity and adverse facts available. Here go relevant parts of the AB ...


December 18, 2014, 9:43 am, 1391456

The recent leak of a U.S. negotiating text related to TISA has caused someconcern,in part due to its potential impact on EU data protection and privacy laws.The text can be found here, and is titled "Trade in Services Agreement TISA Proposal,New Provisions Applicable to All Services."

As ...


December 17, 2014, 1:43 pm, 1390879

With more and, especially, deeper FTAs in place, I predict an uptake in dispute settlement under FTAs.

Parties may generally prefer to file their disputes before the WTO. But in some cases they simply have no choice. The commitment can only be found in an FTA (it is so-called “WTO-plus” or ...


December 16, 2014, 11:43 am, 1390040

Looking for a young and dynamic colleague to join the Graduate Institute of International and Development Studies in Geneva. International economic law is one of four possible fields of specialization. Guess which field I am pushing for?

This is a really unique opening for someone focused on international trade, investment, IP ...


December 15, 2014, 9:43 am, 1389233

I'm always hearing about how the TTIP is finally going to address those regulatory trade barriers we have been ignoring all these years. In general, I'm a bit skeptical: Regulatory trade barriers have been on the agenda of trade negotiations since at least the late 1920s. And when people offer ...


December 15, 2014, 9:43 am, 1389232

A while back, I wonderedwhat would happen to NAFTA Chapter 19 if the TPP comes into effect. I can't imagine they would create a TPP equivalent. But will it get phased out through the TPP, or will that part of the NAFTA be carried over?

More significantly, perhaps, what ...


December 12, 2014, 1:43 pm, 1388262

Today’s NY Times article (“Solar Rises in Malaysia During Trade Wars Over Panels”) covers a recent solar panel manufacturing boom in Malaysia, due in no small part to the U.S. trade remedies against Chinese solar panels. The Commerce Department is mulling imposing tariffs on all solar panels ...


December 12, 2014, 9:43 am, 1388109

From a blog post by Google:

But sadly, as a result of anew Spanish law, we’ll shortly have to close Google News in Spain. Let me explain why. This new legislation requires every Spanish publication to charge services like Google News for showing even the smallest snippet from ...


December 12, 2014, 9:43 am, 1388108

Just a quick reminder from the Appellate Body, buried in a footnote in Monday'sU.S. - Carbon Steel (India) report, that it still hasn't told us what it thinks of themandatory/discretionary distinction:

1144 We note that the Appellate Body has "not, as yet, been required to pronounce generally upon thecontinuing ...