Law Roundtable

Technical Problems 3/9/15

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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.”

April 17, 2015, 9:43 am, 1457149

From the University of Oslo:

The 11th Annual Conference of the European Society of International Law (Oslo, September 10-12, 2015) will be hosted by the University of Oslo’s PluriCourts Center on the Legitimate Roles on the Judiciary in the Global Order.

The conference is entitled “The Judicialization of International ...

April 17, 2015, 9:43 am, 1457148

This is from the Tuna 21.5 WTO panel report:

7.466. Before concluding, we note that in its second written submission, Mexico argues that what it considers to be the United States' unilateral action in designing and applying the dolphin-safe labelling conditions and requirements of the amended tuna measure provides ...

April 17, 2015, 9:43 am, 1457147

This is from the Tuna 21.5 WTO panel report:

7.448. Before concluding, the Panel must deal with the United States' argument that with regard to the access to the dolphin-safe label, no tuna product of a Member has a right to the label. The United States contends that no ...

April 15, 2015, 11:43 am, 1455827

I was struck by this paragraph of the WTO panel report in the Article 21.5 tuna case:

7.197. ... Mexico appears to accept that, as the Appellate Body found, the system currently in place in the ETP fully addresses the risks posed to dolphins by setting on dolphins in ...

April 14, 2015, 11:43 pm, 1455506

In its ruling in the Tuna/Dolphin case, US-Tuna II, the WTO Appellate Body found that the role of the United States authorities in ensuring the integrity and honesty of a voluntary industry-based ecolabeling scheme violated the TBT Agreement in one narrow aspect. The Appellate Body held that while the US ...

April 14, 2015, 5:43 pm, 1455405

I'm a little confused by this aspect of the China - Australia FTA, still under negotiation:

AUSTRALIA'S biggest-ever bilateral trade deal is set to grow much bigger, with China agreeing to a special ratchet clause that will ensure that future benefits conferred to other countries will flow automatically to ...

April 14, 2015, 1:43 pm, 1455243

The panel report is out. Here are the key findings:

8.2. With respect to Mexico's claims under Article 2.1 of the TBT Agreement, the Panel concludes that:

a. the eligibility criteria in the amended tuna measure do not accord less favourable treatment to Mexican tuna and tuna products than that ...

April 13, 2015, 3:43 pm, 1454600

From the Journal of World Investment & Trade:

Since the time that the Calvo doctrine held sway, Latin America’s ambivalent relationship to investor-state dispute settlement has not ceased to elicit discussions and debates and generate a string of scholarly writings. Recently the region’s multiple responses to investment arbitrations, termination of a ...

April 13, 2015, 3:43 pm, 1454599

This is from a new paper by Markus Wagner on regulatory space in trade and investment law:

The situation with respect to the TBT Agreement has recently been clarified to a certain extent through a number of WTO decisions. These disputes arose in quick succession after a relative dearth ...

April 10, 2015, 9:43 pm, 1453677

If there ever is a TTIP, and if it has ISDS, would Uber have a case against the actions of various EU member states based on this:

Uber Technologies Inc., which has faced a mounting regulatory backlash to its rapid growth in Europe, said this week it ...