Introduction The recent WTO Panel report in India-Export Related Measures (DS541) has significant implications for various export promotion schemes implemented by WTO Members. In this case, the United States challenged certain schemes implemented by India under the Foreign Trade Policy. These included the Export Oriented Unit (EOU) Scheme and Sector-Specific Schemes, Merchandise Exports from India…

In Part I of this post we introduce the subject and provide a first example of problematic AB findings. In Part II we discuss two additional examples. In this Part III we explain how the AB adopted an approach to creating case law that is “super hardline” as compared to how case law is created…

In Part I of this post we introduce the subject and provide a first example of problematic AB findings. In this Part II we discuss two additional examples. In Part III we explain how the AB adopted an approach to creating case law that is “super hardline” as compared to how case law is created…

The WTO dispute settlement system runs a serious risk of regressing by year end into the conditions that prevailed in the GATT era. The difference between the GATT and the WTO formulations of dispute settlement is gigantic. Under the GATT, compliance by the defendant with dispute settlement findings was, in practice, voluntary; under the WTO,…

The term seems to have first arisen in the early 1990s with reference to an ‘open distributed ledger that can record transactions between two parties efficiently and in a verifiable and permanent way’ and was developed to serve as a ‘public transaction ledger’ for the bitcoin cryptocurrency. Of course, blockchain no longer exists solely as…

The magnitude and success of 21st Century international trade would have been impossible without containerization and the long-haul container ship. Intriguingly, the innovation emerged not so long ago: Malcolm McLean made inter-modal transport with standardized containers a reality in the mid-1950s. Today, approximately 90 percent of international trade transport is done by container ship. The…

The recent second Belt and Road Forum for International Cooperation (BRI) in Beijing received overwhelming attention and participation from heads of States and governments from 37 countries representing Central Asia, South Asia, ASEAN, Europe, Central Asia, Africa, the Middle East, and South America. This overwhelming response came in spite of criticism from the US and a…

Please find below the abstract of “Brexit Trade Impacts’ and Mercosur’s Negotiations with Europe” by Julio J. Nogués, published in Journal of World Trade, Issue 3, Volume 53 (2019) edited by Edwin Vermulst. We estimate that a hard Brexit (HB) would reduce UK agro-industrial-imports from the EU by around 50%. Following the dismantling of the…

This is the third of three posts where I comment on Mexico’s “new” agricultural policy. For Part I click here, for Part II click here. In this post I discuss at length what might be the market effects of price support through the guaranteed prices program. A key factor as to whether guaranteed prices can substantially…

This is the second of three posts where I comment on Mexico’s “new” agricultural policy. For Part I click here. In the first post I have presented evidence that, in constant prices, the 2019 budget allocations to the “mainline” subsidy programs in agriculture are at historically low levels. [1] In particular, acreage-based payments (irrespective of production levels)…

Please find below the abstract of “The Criminal Provisions of German and UK Export Control and Sanctions Law” by Malte Wilke & Hinrich Rüping, published in Global Trade and Customs Journal, Issue 1, Volume 14 (2019) edited by Jeff Snyder. Germany and the UK have been among the strongest supporters of a liberal trade policy…

This is the first of three posts where I comment on Mexico’s “new” agricultural policy. In particular, in the first post I discuss how Mexico’s “mainline” subsidy programs have fared, in terms of funding, in the first year Andrés Manuel López Obrador (known as AMLO, for his initials in Spanish) has been in power. In…

AS THE confusion continues over whether the UK’s exit from the EU will be “hard”, “soft” or “just right”, HM Revenue & Customs (HMRC)has announced certain goods entering Britain from the EU will be allowed through without checks or payment of duty for a temporary period. This approach is consistent with promises from the UK…

The Australian border is a busy place, not just in terms of the movement of goods and people and not just in terms of the many free trade agreements (FTAs) and other trade developments. As many readers would be aware, the border also happens to be a busy place for legislation and other regulation by…

One of the essential elements of good regulation is the need for clear contemporary supporting legislation and associated regulation. That need has underscored new legislation in Australia (the Biosecurity Act 2015) and in New Zealand (the Customs and Excise Act 2018). In the former case, the Biosecurity legislation succeeded the Quarantine Act 1908 and in the latter case, it…

I have been working with the Customs Brokers and Forwarders Council of Australia (CBFCA) to develop guidance material and host legal forums on the introduction of the Trans-Pacific Partnership (TPP-11), a free trade agreement that comes into play from 30 December 2018. Similarly to China-Australia Free Trade Agreement (ChAFTA), the TPP-11 will come with many…

There has been a significant amendment to the Trade Marks Act 1995 which further entrenches the legality of parallel imports in Australia. Until recently, s123 of the Trade Marks Act 1995 provided a defence to parties (including importers) using a trade mark to sell or import goods where the trade mark had been applied with…

While most of the Australian population (and its media) are fixated on the Royal visit or the AFL player trade, those in the industry have had a similar level of interest in the movement towards Australian domestic ratification of the Trans Pacific Partnership (TPP-11) (aka the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)) and…

Source: https://www.reuters.com The legal position of the UK within the WTO is not in doubt: the UK has always been a full Member of the WTO and will remain so post-Brexit – the problem lies in determining the exact terms and conditions of its membership. It is unlikely that any issues will arise regarding the…