Law Roundtable

Technical Problems 3/9/15

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Exploring the region between Law and Economics.

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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.”


May 24, 2015, 9:43 pm, 1479822

This is from "The Puzzle of Agricultural Exceptionalism in International Trade Policy", by Michael Trebilcock and Kristen Pue:

... Hence, in explaining the resilience of the agricultural sector to efforts to liberalize trade in agricultural products we are left with a rather untidy amalgam of some elements of normative claims ...


May 24, 2015, 9:43 pm, 1479821

Now it's in the UK and EU:

Two of the world's biggest tobacco companies have challenged the legality of the UK government's plain packaging regulations.

British American Tobacco and Philip Morris filed legal objections at the High Court in London on Friday.

They claim that the new rules are illegal because they ...


May 24, 2015, 9:43 pm, 1479820

The Senate half is done.  From Reuters:

President Barack Obama scored a major victory on Friday when the U.S. Senate voted to give him "fast-track" powers that would help wrap up negotiations on a 12-nation Pacific Rim trade deal central to projecting American influence in Asia.

But the House half ...


May 20, 2015, 3:43 pm, 1477835

If you are in or near Madrid, there is an interesting seminar on the WTO and investment arbitration, this Friday, May 22.  Details here and here:

Introduction (“Policies”, 9:00-10:00 am)

Policy development challenges with WTO dispute settlement and international arbitration: why is the interface between trade ...


May 20, 2015, 3:43 pm, 1477834

Norway has just published a new draft model BIT. It offers some explanations here.  Here are some of my thoughts on a few of the provisions.

First up, national treatment: 

ARTICLE [3] NATIONAL TREATMENT

1. Each Party shall accord to investors of the other Party and to their investments, ...


May 18, 2015, 3:43 pm, 1476505

It is here.  No big changes from the panel report: still a violation of TBT Article 2.1, and still no violation of TBT Article 2.2.  Next up on the agenda, most likely, is an arbitration over the proper amount of retaliation.

I'm trying to sort out if the Appellate ...


May 14, 2015, 9:43 am, 1474430

This is from Vox:

... Due to a section of the tax code known as 280E, many state-legal marijuana businesses have to pay taxes on basic expenses like rent, employee salaries, and utility bills — unlike other legal businesses, which are allowed to deduct these types of expenses.

For some ...


May 14, 2015, 9:43 am, 1474429

I've organized an ISDS debate over at Cato Unbound.  We have Jason Yackee and me as critics, and John Veroneau and Ingrid Persson as supporters.  We each write essays, and then respond to each other's points.  So far we have essays up there ...


May 13, 2015, 1:43 pm, 1473845

Someone sent me Canada's third party submission in the WTO plain packaging dispute.  I checked with a friend who works for the Canadian government, and he said it was fine to post it, so here it is.  Here's an excerpt:

42. A finding of a ...


May 13, 2015, 1:43 pm, 1473844

As the current trade negotiating agenda struggles along, both at the multilateral and mega-regional levels, perhaps there are some government actions out there that could provide the basis for productive new negotiations.  One area that always gets me fired up is subsidies:  agriculture subsidies and export credits are ...