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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.”

August 26, 2014, 9:43 am, 1324615

I haven't crunched the numbers on this, but it certainly feels as though DSU Article 11 appeals have increased in recent years. Yet almost all of them get rejected. This seems like a strange state of affairs. Why pursue a course that is virtually certain to fail?

In China ...

August 26, 2014, 9:43 am, 1324614

Call for Papers: 2015 Barcelona Workshop on Global Governance: The Public and the Private in Global Governance

IBEI (Institut Barcelona d’Estudis Internacionals) and ESADEgeo (ESADE Business School’s Center for Global Economy and Geopolitics) are organizing thethird edition of the Barcelona Workshop on Global Governance, an international workshop to discuss questions relating ...

August 26, 2014, 9:43 am, 1324613

From a Canadian news report:

A trade deal between Canada and the European Union could restrict Canada’s wine sales by limiting the number of privately run outlets selling domestic products, if a leaked document turns out to be close to the finalized treaty.

A German website posted the 521-page document ...

August 25, 2014, 9:43 am, 1324007

In the comments ofthis post, we talked about the scope of the "targeted discrimination" aspects of the fair and equitable treatment obligation in the leaked CETA investment chapter. The relevant language is as follows:

Article X.9: Treatment of Investors and of Covered Investments


2. A Party breaches the obligation of ...

August 20, 2014, 9:43 am, 1321658

This is from a paperby some Canadian business groups on promoting internal free trade within Canada through reform of Canada's Agreement on Internal Trade:

A more effective and efficient dispute resolution mechanism should include ...a domestic equivalent of investor-state dispute settlement, ... .

Investor-state dispute settlement normally grants ...

August 18, 2014, 5:43 pm, 1320620

Now that the WTO members failed to adopt the protocol on the Trade Facilitation (TF) Agreement, APEC members try to fill in the gap. APEC Leaders instructed their officials to work toward the APEC TF Agreement between APEC members and other WTO members.

The Chair of the APEC ...

August 18, 2014, 11:43 am, 1320387

I'm still trying to sort out what I think should happen in the Argentina debt crisis case. I gather that a lot of people are mad at the U.S. judge who prevented Argentina from making payments to those creditors who had agreed to restructure the debt, allowing a ...

August 17, 2014, 3:43 pm, 1320024

On the question raised in my last post – what was the reason for deleting from Russia’s accession protocol the sentence on non-derogation of its rights under the WTO Agreement – I have now located further explanation in Annex C-9 to the Panel Report in Rare Earths, INTEGRATED EXECUTIVE SUMMARY ...

August 15, 2014, 3:43 pm, 1319403

As indicated in my previous post, South Korea, a third party in the Rare Earths appeal, advocated referencing negotiation history in the interpretation of Paragraph 11.3 of China’s Accession Protocol. Para. 2.7.7of the AB Report reads in part:

In Korea's view, the interpretation pursuant to Article 31 of ...

August 15, 2014, 9:43 am, 1319152

With each attempt to clarify the "minimum standard of treatment" in investment obligations, the scope becomes less clear to me. Here's what the leaked CETA text says (page 158):

Article X.9: Treatment of Investors and of Covered Investments

1. Each Party shall accord in its territory to covered investments of ...