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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 8, 2015, 9:43 am, 1555171

At least based on what she has heard about it so far.  From Vox:

In a major blow to President Obama's trade agenda, Democratic presidential frontrunner Hillary Clinton has come out against the Trans-Pacific Partnership. In an interview with PBS's Judy Woodruff, Clinton stressed that she hadn't seen the ...

October 8, 2015, 9:43 am, 1555172

When it became clear there would be a tobacco carveout from TPP ISDS, I rushed out this critique:

I'd be happy to carve ISDS out of trade agreements (or just apply the tobacco carveout proposal to all measures!), but I can't understand why tobacco would be carved out of ...

October 7, 2015, 11:43 am, 1554576

The tobacco carveout for TPP ISDS leads me to another question that has been bothering me: What happens to NAFTA Chapter 11 after TPP?  (Same question applies to other U.S. FTAs that have investment chapters with ISDS.)  Does TPP ISDS supersede NAFTA Chapter 11 entirely, so that any future investment ...

October 7, 2015, 9:43 am, 1554499

In the last post, I wondered why the TPP tobacco carveout from ISDS would let e-cigarettes off the hook.  But maybe it won't.  Somebody pointed out to me that nicotine is usually extracted from tobacco, and that the language of the carveout may actually be broad ...

October 5, 2015, 9:43 pm, 1553610

Here's another paragraph from the Inside US Trade article on the tobacco ISDS carveout that I mentioned the other day:

The U.S. has proposed to define a tobacco control measure as one relating to the production or consumption of manufactured tobacco products, their distribution, labeling, packaging, wrapping, advertising, marketing, promotion, ...

October 5, 2015, 1:43 pm, 1553379

From the NY Times:

The United States and 11 other Pacific Rim nations on Monday agreed to the largest regional trade accord in history, a potentially precedent-setting model for global commerce and worker standards that would tie together 40 percent of the world’s economy, from Canada and Chile to ...

October 4, 2015, 11:43 am, 1553016

From Inside US Trade:

The United States and Australia have jointly developed a text proposal on the exclusivity term for biologics medicines and overnight began showing it to other Trans-Pacific Partnership (TPP) countries in an effort to build support, in a move that is raising optimism that negotiators can ...

October 4, 2015, 11:43 am, 1553015

At Project Syndicate, Joseph Stiglitz and Adam Hersh have a critique of TPP.  I suppose it was optimistic of me to expect to see concerns about lost jobs or trade diversion--topics that could be illuminated by someone with Stiglitz' enormous skill.  But the critiques were more in the ...

October 2, 2015, 1:43 pm, 1552555

Now here is an interesting panel report that came out Wednesday, Sept. 30.

Can a WTO member (here, Argentina) impose “defensive measures” against countries not sharing tax information (here, Panama)?

The “defensive measures” had to do with capital gains, income tax, transfer pricing rules and rules on capital and re-insurance markets, all ...

October 2, 2015, 11:43 am, 1552465

Inside US Trade reports from the TPP negotiations:

The U.S. proposal on tobacco tabled here would give countries the option to prevent tobacco companies from challenging tobacco control measures under investor-state dispute settlement (ISDS), using a concept that already exists under the U.S. investment model called "denial of benefits," according ...