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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.”

October 20, 2016, 3:43 pm, 1685392

This is from the University of Nebraska-Lincoln:

The University of Nebraska-Lincoln has announced the three endowed chairs it will establish as the foundation of the Clayton K. Yeutter Institute of International Trade and Finance. The institute was launched in 2015 to prepare students to work at a time when national ...

October 20, 2016, 9:43 am, 1685247

This is from The Economist:

Twentieth-century trade deals slashed tariffs. Newer ones between rich countries, such as CETA, focus on cutting other barriers to trade. After seven years of haggling, European negotiators dream of European toys and electrical products being sold straight to Canadians, without having to go through a ...

October 19, 2016, 9:43 am, 1684905

My buddy Bryan Mercurio and I were emailing about the new tobacco carveout in the amended Australia - Singapore FTA, and he suggested that this carveout may violate the fair and equitable treatment obligation.  At first I thought, how would a provision in an investment chapter violate that very chapter? That ...

October 18, 2016, 9:43 am, 1684535

From the European Society of International Law:

International Conference "The Role of the European Parliament in the Conclusion and Implementation of Agreements on International Economic Law Issues"

On 9 December 2016, the ESIL IG on International Economic Law in cooperation ...

October 14, 2016, 7:43 am, 1683619

Law prof Jelena Bäumler offers the following thoughts on yesterday's decision by the German Federal Constitutional Court on CETA:

Yes, but…- for now!

The German Federal Constitutional Court’s judgment on CETA

On 13 October 2016, the German Federal Constitutional Court (the Court, FCC) issued its much-awaited judgment on the request ...

October 13, 2016, 7:43 pm, 1683524

Whether or not the TPP ever gets ratified, the idea for a tobacco carveout seems to have taken hold. Via Tania Voon on twitter, I see that Australia and Singapore have agreed to amend their FTA to include a tobacco carveout. Here's the added text (p. 97)

October 13, 2016, 3:43 pm, 1683445

I'm coming across quite a few people on twitter and elsewhere who seem eager to defend ISDS/investment treaties/investment chapters in FTAs. This blog post will give them another opportunity, in the context of one particular aspect of the current international investment system.  Investment rules typically have several key obligations. I'm going ...

October 12, 2016, 9:43 am, 1682987

One day, the Appellate Body will be presented with just the right measure and legal obligation to fully elaborate all of the contours of the mandatory/discretionary distinction. Last week's EU - Biodiesel report was not the case to do that, but nonetheless the Appellate Body said some things about this issue ...

October 9, 2016, 3:43 pm, 1682120

In recent posts, I've tried to address whether and to what extent the backlash against globalization is about tribalism and xenophobia-or rather about jobs, equality, and democracy.  According to Ross Douthat in today's New York Times, the new "post-liberal" politics is all about existential longings, including "yearning for community" ...

October 9, 2016, 9:43 am, 1682081

In response to my post about the German constitutional complaint against CETA, focusing on the ISDS issues, Chris Riffel sends the following thoughts:

It is contested whether the envisaged establishment of the CETA Tribunal is at variance with the German constitution, notably Art. 3(1) Basic Law, because legal standing ...