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29 June 2018
A border carbon adjustment could be applied to countries who currently do not have a carbon price on pollution. Revenues from these taxes could be used towards environmental and renewable energy projects, to finance UN climate initiatives, or scientific research into low-carbon technologies. The US...
7 June 2018
Regional trade agreement dispute settlement is prejudiced by the lack of a support structure for panels. Using an external body – as proposed in the EU-Japan Economic Partnership Agreement – is a cost-effective way of addressing this issue. Using a court of arbitration – such as the Permanent Court...
23 May 2018
Disputes between the United States and China regarding transfer of technology and intellectual property are of long-standing nature. The more economically significant elements of China's practices addressed by US complaints are not well-addressed by WTO rules. Threatened US retaliatory tariffs...
26 April 2018
After decades of experience in the General Agreement on Tariffs and Trade and the World Trade Organization, trading nations have become accustomed to orderly and predicable mechanisms for resolving their trade disputes. This post argues that growing challenges in the multilateral environment...
19 January 2018
As WTO members look to solve the stalemate in Geneva, this article assesses the possible hard and soft solutions for breaking the deadlock. Where some of the harder options risk inviting starker power clashes with the US, which may in turn further stunt progress in the WTO, the author recommends...
12 January 2018
The current impasse in the appointment of new members to the World Trade Organization Appellate Body risks leading to a dysfunctional dispute settlement system. This post argues that it is a long-standing collective governance failure that has provided the US with the pretext and the opportunity to...
1 June 2017
As the world considers how to respond to the Trump Administration’s decision to withdraw from the Paris Climate Agreement, it may wish to consider the adoption of a border carbon adjustment scheme that is compatible with international trade law as one, but not the only, possible policy response...
9 March 2017
Greenhouse gas emissions are a market failure. How might international trade rules respond? Renewable energy has a key role to play in mitigating climate change and guaranteeing long-term energy supply. Climate change and energy security concerns may compel governments to provide incentives for...
24 January 2017
The author of this column argues that the corporate “destination-based cash-flow tax” proposed by House Republicans could provoke WTO lawsuits against the United States in the same way that new high tariffs would. He concludes that a better corporate tax option – legal under international law –...
2 December 2016
While there is no international obligation to do so, there is a global trend to specialise or centralise the handling of certain types of intellectual property (IP) disputes. The question whether it is advantageous or necessary to establish specialised IP courts, however, is a difficult one to...