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Guest Post: Agreed Procedures under Art. 25 DSU in the US and EU Steel and Aluminum Disputes

This is a guest post from Caroline GlAPckle, a PhD candidate at the University of Passau: The replacement of the USa Section 232 tariffs on steel and aluminum imports from the EU with tariff-quota rates on October 31, 2021 has...

Guest Post: Cyclical Stability

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

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

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

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

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

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

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?

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

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

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

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

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

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?

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

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

(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

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

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

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

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

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

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"

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

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

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

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

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

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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Elon Musk called Biden a 'damp sock puppet in human form' after the president highlighted EV production by GM and Ford — but not Tesla

After Biden lauded EV production by General Motors and Ford, Tesla CEO Elon Musk also ventured, "Starts with a T, Ends with an A, ESL in the middle."

US stocks end volatile session lower as impact of Fed rate hikes outweighs strong GDP growth

The stock market was up sharply early Thursday after the fourth-quarter GDP report showed strong growth.

Younger retail traders are sweating the Fed-induced volatility more than seasoned investors, Charles Schwab investment strategist says

"Some of our newer, younger, more trading-oriented investors are feeling this a little bit more," Charles Schwab's Liz Ann Sonders told Bloomberg.

The bull market in stocks will have 'a new lease on life' if this technical indicator flashes, research firm says

"After the March 2020 bottom, breadth thrusts were common after even minor pullbacks, but they have been absent in recent months," NDR said.

The investment chief at the world's largest hedge fund says stocks must sink another 20% before the Fed steps in

"We're at a turning point now and things will be much different," Bridgewater Associates' Greg Jensen told Bloomberg News.

Rents just hit another record high after a 12% surge in January

Renting is getting more expensive everywhere and new data suggests overall affordability will falter in 2022.

Gen Z investors gravitate toward penny stocks for a cheap way to start building wealth, says S&P Global

Some traders like penny stocks "perhaps as a long-term, moon shot investment or as a way of making bets on short-term price movements," S&P said.

Amazon will shut down its 'Sold by Amazon' third-party seller program and pay $2.25 million to settle price-fixing allegations

Washington's AG says Amazon "unreasonably restrained competition in order to maximize its own profits off third-party sales" with the program.

44 affordable gift ideas under $25 that you can buy on Amazon, from a countertop wine rack to a mini waffle maker

We compiled a list of our favorite budget gifts on Amazon, including handy kitchen tools, tech accessories, beauty products, and more.

15 inventions made using garbage

From furniture made of used chopsticks to coffins made of mushrooms, these inventions are turning pollution into productivity.

The US economy just grew at its fastest rate since 1984

The 5.7% GDP growth in 2021 was the highest since 1984, when President Reagan touted the booming economy in his famous "Morning in America" campaign.

34 clever Valentine's Day gifts for him that don't feel predictable

Looking for a Valentine's Day gift he'll love? Check out our guide with 34 unique and unexpected gift options.

Biden's Education Department just laid out its plan to make college more affordable — and it didn't include broad student-loan forgiveness

Education Secretary Miguel Cardona noted targeted student-debt relief and reforms to loan-forgiveness programs as some of his main priorities.

Man gets 18 months in prison for trying to breach plane's cockpit and jumping from emergency door before takeoff

Prosecutors said Luis Armando Victoria Dominguez's "unruly conduct damaged the plane, taking it out of commission for four days."

57 meaningful and fun gift ideas for your wife that'll last longer than a flower bouquet

We rounded up 57 gifts for your wife or partner they're sure to love, including options that are romantic, sentimental, or just plain fun.

The IMF is predicting more pain for global stocks as central banks tighten monetary policy

"We could certainly see further tightening of financial conditions," the IMF told CNBC. "Risk assets such as equities could sell off further."

Google increases parental leave policy to nearly 6 months and adds more vacation time for employees in a boost to wellbeing benefits

Google is increasing parental leave and offering additional vacation time as part of an overhaul of its employee benefits.

'No new models in 2022': Wall Street analysts react as Tesla's 4th-quarter earnings spark 7% drop in stock price

"The Austin production news and 4680 [battery] update are potential 'game changers' to the Tesla story especially in this supply constrained backdrop."

What to expect from the 2022 Super Bowl commercials

Advertisers' biggest challenge with the Super Bowl is creating the right message that will resonate with an audience of nearly 100 million people.

The appearance of one of China's most advanced warplanes signals a new threat to Taiwan

Two of China's J-16D jets appeared for the first time in a group that entered Taiwan's air-defense zone on Monday.

Oxford researchers are seeking volunteers willing to get COVID-19 deliberately for a human challenge trial

Britain is the first country to conduct a human challenge trial, exposing people to a low dose of the coronavirus and observing the immune response.

Bill Ackman plowed more than $1 billion into Netflix stock in 4 days, showing his eagerness to pounce during sell-offs

Ackman's Pershing Square snapped up Domino's Pizza stock last year, and plowed about $2 billion into its portfolio holdings in the spring of 2020.

A couple that riots together stays together: Missouri husband and wife avoid jail time for their role in the Capitol insurrection

She entered through the Senate wing doors, he through a nearby window. But Kelsey and Zachary Wilson were otherwise together as they participated in the Capitol riot.

Texas AG went on Mike Lindell's TV network urging people to pressure state judges after they stopped him from prosecuting supposed voter fraud

"You can look them up," Texas Attorney General Ken Paxton said during an interview on MyPillow CEO and conspiracy theorist Mike Lindell's platform.

A newly minted cryptocurrency called Grimacecoin surged 285,000% after a McDonald's joke in response to Elon Musk's tweet

Multiple versions of grimacecoin have started up following McDonald's tweet to Tesla boss Elon Musk.

Biden announces Supreme Court Justice Stephen Breyer's retirement and says he will name a Black woman as his successor

Breyer, 83, has served on the nation's highest court for almost 28 years. He plans to step down this summer.

AOC swipes at Joe Manchin, saying he has 'a different demand' every day and is making it tough for Democrats to pass Biden's economic agenda

"This idea of just give him what he wants, he's been given everything that he wants," Rep. Alexandria Ocasio-Cortez said on MSNBC.

Detailed video takes you as close as you can get to a catapult launch aboard a US Navy aircraft carrier

The footage explains what the pilots and handlers aboard an aircraft carrier are looking for during a real catapult launch.

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