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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.”


June 24, 2016, 11:43 am, 1648222

The June 7 AB report in DS461, examining a Colombian import tariff imposed against Panama allegedly to combat money laundering, ends on a rather peculiar note.

The AB

1.confirmed that Colombia’s “compound tariff” prima facie violates GATT Art. II;

2.reversed the Panel’s finding that the tariff is not designed to combat money laundering ...


June 23, 2016, 1:43 pm, 1647914

We all know how difficult it is to change or update the now more than 20 years old WTO treaty. What is true for substantive rules is also true for procedural, dispute settlement provisions. DSU reform requires consensus of all (162) WTO members. The formal DSU review process started ...


June 21, 2016, 3:43 pm, 1647273

In this news release, https://www.wto.org/english/news_e/news16_e/disp_2
1jun16_e.htm
, the WTOannounces that it has just appointed its 100th female dispute settlement panelist and compares itself favorably with other international tribunals, stating "[t]he WTO's dispute settlement system has fared somewhat better. Of the 209 WTO panels composed since 1995, 90 have included women panelists, ...


June 21, 2016, 7:43 am, 1647107

Anthea Roberts and Richard Braddock have a short Columbia FDI Perspectives piecethat explains a procedure inthe China - Australia FTA (ChAFTA) whichallows the parties to the agreementtointervene when there is a dispute that involves public welfare regulation, in order to get the claim dismissed. Here's the whole ...


June 20, 2016, 9:43 am, 1646815

Michael Punke and Tim Reif respond to an FT article about the Appellate Body reappointment controversy with a letter to the editor. I want to focus on their last paragraph, which is not about the Appellate Body:

A quick note on the use of trade remedy laws, for which the ...


June 20, 2016, 7:43 am, 1646772

On August 25-26, 2016,Pluricourtswill hold a conferencein Oslo on "Adjudicating International Trade and Investment Disputes: Between Interaction and Isolation." The program is here.Here is more:

This conference will focus on the relationship, interactions and comparisons between the international trade and investment regimes in the context of adjudication of disputes.

The ...


June 16, 2016, 5:43 pm, 1646092

This is from Libertarian VP candidate Bill Weld, and when he writes as "we" I am assuming he is speaking for Libertarian Presidential candidate Gary Johnson:

Unlike the Republican or Democratic presidential nominees, we are committed to free trade and vigorously support the pending Trans-Pacific Partnership, which would establish the ...


June 13, 2016, 3:43 pm, 1644993

This is from the China - Publications Appellate Body report:

237. The United States expresses "some concerns" regarding the Panel's approach to analyzing the "necessity" of China's measures. The United States' concerns relate to a "two step" approach, allegedly taken by the Panel in examining, first, whether China had made ...


June 9, 2016, 5:43 pm, 1644166

Here's Libertarian Party candidate Gary Johnson talking about the TPP with Glenn Thrush of Politico:

THRUSH: ...So the other thing I find fascinating about you, the other wildfire that's really striking in terms of the Trump thing is the free trade stuff. You have been on the record as saying ...


June 9, 2016, 5:43 pm, 1644165

Here are some articulationsof the FET standard in the Mesa NAFTA Chapter 11 award:

The claimant:

484. ...For Mesa, Article 1105 consists of several components including the duty to act in good faith; fairness and reasonableness; treatment free from arbitrary conduct; transparency; protection against abuse of rights; procedural fairness; legitimate expectations; ...