And this one too ...
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Joost Pauwelyn
@JoostPauwelyn
Law Prof & Co-Founder Research & Practice international economic law ISDS
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It's the time of year again when we profs. need to read & grade a ton of master theses ...
"Acknowledgements" tend to be standard
Some aren't. This one made me smile today!
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All happening on the same day 🤯
- the "end" of intra-EU ISDS, EU TSD reform and ... CBAM approved by the EU Parliament
In case anyone still doubted that Brussels (not Geneva 😭) is where the action on trade is ✅✅✅
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EU Parliament has finally voted in plenary on CBAM. Their approved recommendations differ in at least 5 important ways from the Commission proposal:
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1. HOLISTIC: construe TSDs with other EU autonomous & multilateral tools
2. Double-down on COOPERATION & make it country-specific & proactive
3. ENFORCEMENT: NGOs & EU citizens can trigger complaints & first ever trade sanctions in case of serious ILO & Paris Agrement breaches
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The EU Commission's review of Trade and Sustainable Development Chapters (TSDs) in EU Free Trade Agreements is now out
Three important trends in this proposal ...
ec.europa.eu/commission/pre
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Are the tides finally turning?
First ever ISDS tribunal declines jurisdiction over intra-EU investment treaty claim based on holistic VCLT treaty interpretation of Art. 26 ECT and primacy of EU treaties over ECT.
This could be a milestone.
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Jared Kusher (yes, him) wrote an interesting piece on why sunset clauses or what I have called "exploding review clauses" make sense (though not without risk), and why it is odd that most trade agreements are "forever deals"
cnbc.com/2020/02/03/op-
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This forces consensus on new disciplines/review: if none reached, the entire agreement sinks
This is similar to the sunset clause in USMCA Art. 34.7
And different from the 40+ review clauses in the WTO treaty to date, few of which ever led to actual review/new disciplines
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Art. 12 says that if no "comprehensive disciplines" are adopted within 4 years of the entry into force of today's fisheries deal, the ENTIRE Fisheries Subsidies Agreement
"SHALL STAND IMMEDIATELY TERMINATED"
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New WTO Fisheries Subsidies Agreement really is a game changer
Yes, disciplines on subsidies contributing to overcapacity/overfishing are delayed until (at least?) MC13
But to push negotiators, a truly novel SUNSET or EXPLODING REVIEW clause was included in Art. 12 ...
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Big deal MC12: commitment to "having a fully and well-functioning dispute settlement system accessible to all Members by 2024"
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Always an amazing event. Check out the quality of these projects, and the boundless energy and creativity of TradeLab students, joining forces from all over the world
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Join us on July 20th (1400-1600 CET) for our 
2022 Student Showcase. This event will feature project presentations by students from TradeLab Clinics worldwide!
A networking session will be held shortly after the event!
Register now at: bit.ly/39pFvKS
2022 Student Showcase. This event will feature project presentations by students from TradeLab Clinics worldwide! A networking session will be held shortly after the event!
Register now at: bit.ly/39pFvKS
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Impromptu class picture after our last session. Really enjoyed co-teaching new course on State-Owned Enterprises with amazing econ Prof Damien Neven, TA Flor & 20 brilliant students from almost as many countries. Reminds me of why I joined all these years ago! 🙏🙏
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Does WTO interim appeal/MPIA contribute to positive resolution of disputes?
Third MPIA case without MPIA appeal
1. Austr v Can wine: case settled
2. Braz v Can aircraft: complaint withdrawn
3. Mex v Costa R. avocados: panel report issued without appeal
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The #RussiaUkraineWar and the rules of war explained by Andrew Clapham in this podcast hosted by Richard Hermer
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📅Registrations end: 6 March
Sign up for the Intensive Course on International Trade Law & Policy, dedicated to Argentinean Nationals.
Join us & dive into key topics of International Trade Law Policy.
Register⏩bit.ly/3ovhBSy
More Info⏩bit.ly/3HxHEjF
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Some important reflections of professor Nico Krisch on the prohibition of the use of force in post-western hegemonic order ejiltalk.org/after-hegemony
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Finally a truly "floating" panel report
Circulated but neither appealed, nor adopted by DSB:
Saudi suspends its appeal in DS567
Qatar reneges on DSB adoption
1/4 post-AB outcomes I pictured in 2019
tinyurl.com/2p97rzd2
Shows that unadopted panel reports may have impact?
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STUDENT INTERNSHIPS - Global Affairs Canada, Trade Law Bureau. For legal internship positions for the summer of 2022. We anticipate filling six (6) positions from this process. The deadline to apply is January 24, 2022 at 23:59 (ET). For details visit,
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There is still time to apply for the assistant professorship in international law - until Monday 10 January.
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We're hiring ... an assistant professor in international law, broadly defined, @IHEID @IHEID_Law. If you're working on current challenges in inter-/transnational law (and ideally build interdisciplinary bridges), please consider applying! erecruit.graduateinstitute.ch/professeurs/?p
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Glad I checked again!
First USMCA Ch. 31 dispute panel report (final), dated 20 Dec. 2021, now public
US complaint against Canada on dairy
Quite timely and short (50 pages)
ustr.gov/sites/default/
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Was curious to see whether first USMCA panels are meeting time limits
And, yes, (confidential) initial reports were issued within 150 days
TRQ panel: 24 Nov '21
Solar panel: 3 Jan '22
Final reports due in 30 days
Impressive!
panels take notice?
tasefiling.gov
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MPIA cases continue to grow
Today, 7th WTO dispute where parties bilaterally agree not to "appeal into the void" & rely on MPIA appeal mechanism instead
This time, China and Australian in a dispute over anti-dumping duties imposed on Australian wine
tinyurl.com/29a9x2xu
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From the GTP family to yours, wishing you a peaceful and restful holiday season. See you in 2022!
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4. Draft leaves it open whether appellate mechanism becomes permanent appellate body, purely ad hoc or treaty/institution specific
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3. Appellate mechanism would work to the exclusion of ICSID annulment, domestic set aside and any other type of review (draft provision 4)
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2. Where appellate tribunal modifies, reverses or annuls, it can complete the analysis; if not, it can REMAND back to the tribunal below (draft provision 5)
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1. Grounds for appeal would include both “errors” of law and “MANIFEST errors” of facts, in addition to traditional ICSID annulment grounds (procedural legitimacy) (draft provision 2)
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While some members are increasingly questioning the need for appellate review
UNCITRAL just issued draft provisions for an appellate mechanism in investor-state dispute settlement
tinyurl.com/34a7jfh7
Some highlights ...
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We don't stop!
30 fully funded Phd positions in 5 disciplines incl 6 in international law
graduateinstitute.ch/application
deadline 15 Jan.
Ass Prof international law
tinyurl.com/yyyh5tkh
Post-docs (3) international trade
tinyurl.com/y5ekyn7k
Apply or spread the word!
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Interesting how plurilaterals not only push certain SUBSTANTIVE TOPICS forward, from e-commerce to plastics
They also experiment with NEW PROCESSES for "doing trade deals", like actively involving stakeholders from civil society & business in ways unheard of in WTO
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Join the launch of the Ministerial Statement on Plastic Pollution & Environmentally Sustainable Plastics Trade at the @WTO - bit.ly/31KL5nr
15 Dec - 9.3
Diverse group of 67 WTO Members!
Agenda - bit.ly/3oNuLeg
Live webcast bit.ly/33jXoY5
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15 Dec - 9.3
Diverse group of 67 WTO Members!
Agenda - bit.ly/3oNuLeg
Live webcast bit.ly/33jXoY5
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I'm looking for a post-doc in law to work on trade agreements and how to "package" them with required domestic reforms/flanking policies
Part of an interdisciplinary project with & Cédric Dupont both
Details here erecruit.graduateinstitute.ch/?page=advertis
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Important moment today, the panel in the EU's case against SACU under the EU-SADC FTA has been established. Ruling expected in Q2 2022. . For more details 👇👇👇
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Fighting barriers for EU industry. Today, the panel tasked with ruling on the bilateral safeguard imposed by SACU on imports of EU poultry started work. We expect a ruling in Q2 2022: trade.ec.europa.eu/doclib/html/15 @Trade_EU
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Recently appointed vice chair, Brad Smith (MA IL'84) is one of the tech industry’s top executives. He is also an attorney and represents the software company when it comes to matters of policy. Listen...
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First firm "gender discrimination" prohibition in WTO rulebook, but subject to opt-out
Will be interesting to track which WTO members opt-out & reserve the right to discriminate ....
wtoplurilaterals.info will track this for you
See
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Variable geometry in practice
67/164 WTO members commit to services disciplines
on MFN basis benefitting all 164
67 must commit to all disciplines with:
OPT-IN for alternative disciplines in financial services
OPT-OUT for gender discrimination
bloomberg.com/news/articles/
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If you are interested in doing a Master or PhD in international or transnational law, please apply! offers not only a stimulating context, small classes and interdisciplinary engagement, but also a number of fully funded scholarship packages for outstanding candidates.
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Do you want to pursue a Master or a PhD in International Law? Applications are now open for admission in September 2022!
graduateinstitute.ch/home/study/onl
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"where findings hinge on interpretation of unclear treaty provisions that call for ‘gap filling’ ... sent to the pertinent WTO bodies ... to clarify the applicable rules or negotiate them. If it is not possible ... the dispute simply will not be resolved"
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Want to know more about MPIA?
The interim appeal arbitration mechanism that ensures that WTO disputes can be settled without blockage even in the absence of an Appellate Body
wtoplurilaterals.info/plural_initiat
tracks ...
MPIA parties
MPIA cases
MPIA agreements
News & Analysis
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