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Guest Post: Cyclical Stability
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This is a guest post by James Flett of the European Commission. The views expressed are those of the author, not the EU, the EU Commission, or its Legal Service. aCyclical Stabilitya Since we seem to be in a cyclical...

GATT Article III:4 Less Favorable Treatment Issues in the EU - Palm Oil Case
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In a series of TBT cases a while ago, the Appellate Body was confronted with defining the similar but not identical legal standards in TBT Agreement Article 2.1 and GATT Article III:4. Roughly speaking, its conclusion was that Article 2.1...

U.S. Court Rules that "Gruyere" Is a Generic Term
From https:

Periodically, I like to start fights with Europeans on Twitter about geographical indications. It's not a perfect breakdown by country/continent, but it mostly lines up as a "new world" vs. "old world" fight. Recently I started a good one based...

Katherine Tai on WTO Dispute Settlement Reform
From https:

U.S. Trade Representative Katherine Tai spoke today at an event hosted by The Institute of International and European Affairs. Here is something she said on WTO dispute settlement reform: On dispute settlement, ... I think that we need to come...

Congress' Sense of the WTO, as Articulated in USICA
From https:

I found the "sense of Congress" on various WTO issues in the Senate's United States Innovation and Competition Act of 2021 bill to be interesting, and it made me wonder about the process for coming up with this part of...

Biden Administration Thinking about COOL Again
From https:

This is from a White House fact sheet from Monday: Issue new aProduct of USAa labeling rules so that consumers can better understand where their meat comes from. Under current labeling rules, meat can be labeled aProduct of USAa if...

The Iran Deal: As the Vienna Talks Resume With a Focus on Economic Sanctions Relief, A Look Back at Snapback
From https:

Tomorrow, negotiators from the parties to the original Iran Deal, the JCPOA, will return to Vienna to continue talks on restoring the accord that was broken by the Trump Administration. In the coming days and weeks, the focus will move...

What Was the Purpose and Intent of the USMCA?
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This is from the first USMCA Chapter 31 panel report, on Canada -Dairy TRQs, circulated today: c) Purpose and Intent of the Treaty As the Preamble to the Treaty explains, the Parties resolved to promote trade between the signatory states...

Fit for Whose Purpose?: How Panelists Interpret Labor Rights in Trade, and What That Tells Us about the Trade/Labor Relationship
From https:

While many of us were celebrating the holidays with family, an important law review article dropped silently and inconspicuously into the fray. That article, Fit for Purpose: The Extent and Enforcement of International Trade Agreement Labor Obligations After Guatemala a...

Taking Stock of the Vienna Talks on a Restored Iran Nuclear Deal
From https:

As negotiators interrupted the 8th round of talks on restoring the JCPOA for the New Year's holiday, the mood in Vienna ranged from confidence that the bargaining would continue until an agreement is reached, to more cautious statements of hopefulness...

Of Carrots and Sticks:Why Economics Sanctions Relief is the Only Way Forward With Iran-the Threat of Force is Delusional
From https:

Recently on this blog, Ruti Teitel and I suggested some ideas for persuading Iran's leaders that economic sanctions relief in return for restored nuclear curbs can be of durable economic benefit for the country-even on the nightmare scenario of a...

Applying the Mandatory/Discretionary Distinction to the EU's Anti-Coercion Instrument
From https:

I've been thinking about the mandatory/discretionary distinction because it came up in the panel report in the recent U.S. - Olives from Spain case (which was adopted by the DSB today, i.e., not appealed into the void by the U.S.,...

A Seventh Agreement To Use the MPIA
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As readers can probably tell, I'm using this blog to track all the WTO disputes for which there have been agreed procedures between the parties for using the Multi-Party Interim Appeal Arbitration Arrangement (MPIA). See this link for the whole...

What Are the Core Trade Principles of the Biden Administration?
From https:

I'm trying to understand the core trade principles of the Biden administration, and I'm a bit puzzled. Based on various statements by U.S. Trade Representative Katherine Tai and others in recent months, I would have thought the dominant view was...

Binding Precedent and Precedential Value
From https:

The WTO panel report in India - Sugar and Sugarcane, circulated earlier this week, has a number of interesting passages about the role of precedent. They are a bit disconnected, and for some of them all I have is the...

From Grievances to Guarantees: Getting to Yes in the Iran Nuclear Talks
From https:

(This post is co-authored with Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law at New York Law School and a Life Member of the Council on Foreign Relations) After a long hiatus that followed a change in Iranas political...

Non-Discrimination and the EV Tax Credits in the Build Back Better Act
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There has been a lot of Twitter discussion about the possibility that the electric vehicle (EV) tax credits in the Build Back Better Act violate USMCA or WTO obligations. There are actually three components to these tax credits, and I...

Countering the "Unfettered Liberalization" Narrative
From https:

At a U.S. Chamber of Commerce event today, U.S. Trade Representative Katherine Tai said the following: But I think that we have pursued a really unfettered liberalization policy for the past many years and decades. And it is part of...

Angela Ellard on Misperceptions in the US/Capitol Hill about the WTO
From https:

At an AEI/Brookings event yesterday, WTO DDG Angela Ellard spoke and offered some interesting insights into how people in the U.S. (and elsewhere) misunderstand the WTO: Neena Shenai: I wanted to turn to your perspectives on the WTO, given your...

Tweaking the MPIA Procedures
From https:

The Multi-Party Interim Appeal Arbitration Arrangement Pursuant To Article 25 of the DSU is here. Annex 1 contains a set of Agreed Procedures that can be used for these arbitrations. Interestingly, the procedures agreed to recently in specific WTO disputes...

Guest Post: The Worst of Two Worlds: Why the US Blueprint for a Transatlantic Climate Club Authored by Todd Tucker & Tim Meyer Must Be Binned Immediately
From https:

This is a guest post by David Kleimann, PhD, writing in personal capacity. He wishes to thank Aaron Cosbey and Simon Lester for helpful comments on an early draft of this post. All errors remain the authoras alone. He would...

Three Forces of the World Trading System
From https:

On November 26, the World Trade Organization (WTO) General Council decided to indefinitely postpone the 12th Ministerial Meeting (MC12), which was scheduled to convene from November 30 to December 3 this year, due to aan outbreak of a particularly transmissible...

More Hurdles for the "Green Steel Deal"
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This is from a CFR blog post by Jennifer Hillman and Alex Tippett on the "green steel deal": For the proposed U.S.-EU agreement on green steel and aluminum be successful, however, it will have to avoid several potential pitfalls. First,...

ITC Institutes Investigation on Distributional Effects of Goods and Services Trade and Trade Policy
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Back in mid-October, USTR asked the ITC to carry out a two-part investigation of the distributional effects of goods and services trade and trade policy. The ITC just announced that it would undertake this investigation. The Notice of Investigation is...

Solar Safeguards and Compensation
From https:

In keeping an eye on trade disputes in the pipeline, I was recently looking over the USMCA Chapter 31 complaint brought by Canada against the U.S. solar safeguard measures. I haven't read the submissions closely enough to have a view...

Webinar on the Appellate Body Crisis
From https:

Srikar Mysore Sridhar has organized a webinar on the Appellate Body crisis at Harvard's Kennedy School tomorrow (November 19, 2021 at 10 am EST (4 pm Geneva Time, 8.30 pm IST)). Cherise Valles will be moderating, and Peter Van Den...

Call for Papers: Workshop on The Political and Legal Theory of International Courts and Tribunals Oslo
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From PluriCourts: The research Centre PluriCourts is planning a multidisciplinary workshop on international courts and tribunals which will take place 20. - 21. June 2022 in Oslo. The workshop will bring together scholars of philosophy, legal theory, and political theory...

aResistance Is Futilea: Debunking the Myth of De-Globalization
From https:

The World Trade Organization (WTO) released the World Trade Report today. Here are some excerpts: [E]ven a crisis as devastating and unprecedented as COVID-19 has not resulted in the wholesale unravelling of trade and integration. [W]hat became clear over subsequent...

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