For part I of this article, click here. I. Allegation Regarding Creation of Law: Lust? Now, to tackle head on the main argument of the authors: that the AB creates law when it has no business to do so.  But, we ask: who is to blame? The WTO agreements as a whole (not just with…

Introduction Initially, we were unsure whether or not we should get embroiled in discussions flowing from the provocative three-part blog post by Jorge Miranda and Manuel Sánchez-Miranda (“authors”) on the topic of the World Trade Organization (“WTO”) Appellate Body’s (“AB”) current crisis.[1]  The main argument of those authors was that the crisis is “in large…

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,…

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)…

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…

Please find below the journal abstract of “Brexit from a WTO/GATS Perspective: Towards an Easy Divorce?” by Rudolf Adlung, published in Journal of World Trade, Issue 5, Volume 52, 2018 edited by Edwin Vermulst. Virtually all studies dealing with the WTO-related aspects of Brexit, the United Kingdom’s (UK’s) envisaged separation from the European Union, tend to…

In addition to many other tobacco control measures that have sharply reduced smoking within its borders, Australia in 2011 became the first country to adopt a tobacco plain packaging law. Intended to reduce smoking, especially among young people, the law requires tobacco packs to be sold without attractive designs, logos, and colors, and with health…

The idea of facilitating secure and compliant trade underpins many international agreements such as the WTO Trade Facilitation Agreement (TFA) and WCO Safe Framework of Standards (SAFE) and is reflected in many “Authorised Economic Operator” programmes such as our own Australian Trusted Trader Programme (ATTP). Government and its agencies also provide further assistance to those…

Please find below the abstract of “Brexit: Trade Governance and Legal Implications for Third Countries” by Martín Molinuevo, published in Journal of World Trade, issue 4, 2018 edited by Edwin Vermulst   The impact of Brexit on the trade relations of EU/UK with third countries is likely to entail an extensive process of amendment to…

The Europa Institute of Leiden University is sixty years old. It was established in 1957, the year in which the Treaty establishing the European Economic Community was signed in Rome. To mark this 60th anniversary, a two-day lustrum conference was held in the Academic Building of the University of Leiden on 30 November and 1 December…

Transportation surpassed electricity production in the United States in 2016 to become the country’s largest source of greenhouse gas (GHG) emissions at 28.5 percent of the total. Approximately 60 percent of U.S. transportation-related GHG emissions are caused by light-duty vehicles (LDVs), which chiefly consist of gasoline-powered passenger cars and light-duty trucks, including sport utility vehicles,…

We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the Global Trade and Customs Journal in 2018 so far:   Martijn Schippers, ‘A Series of Sales: Determining the Customs Value Under the Union Customs Code’ (2018) 13, Issue 2 New customs legislation – the Union…

We wanted to draw your attention to some interesting articles about the topics of the Regulating for Globalization blog that appeared in the Global Trade and Customs Journal in 2017:   Lorand Bartels, ‘The UK’s WTO Schedules’ (2017) 12, Issue 3 This article argues that the EU’s GATT and GATS schedules are binding on the UK in its…

On 28th February 2018 the European Food Safety Authority (EFSA)[1] confirmed that neonicotinoids – a class of pesticides — represent a risk to wild bees, bumble bees, and honeybees because their residues are found in bee pollen and nectar, dust drift during the sowing and application of the treated seeds, and are absorbed into water….

The United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement was signed in December 2015 to widespread acclaim. Although largely symbolic and non-enforceable, it begat optimism that governments would act to substantially decrease carbon pollution. The agreement focuses on voluntary pledges to reduce carbon pollution in order to limit global warming to a 2.0°…

In the last decades, the worldwide rates of non-communicable diseases (NCDs) has skyrocketed to the point of becoming the leading cause of death in the world. According to the World Health Organization (WHO), NCDs kill 40 million people each year, equivalent to 70% of all deaths globally. The most prevalent types of NCDs are cardiovascular…