Illicit Trade and the World Trade Organizaion: Raising awareness, identifying limitations and building strategies As the first step in the direction of encouraging a worldwide response, this Memorandum intends to raise global awareness of the significant problem that illicit trade represents. To that end, it will refer to the international instruments currently available to fight against this collective threat, making the inevitable conclusion that international regulation has not only been fragmented, but also insufficient vis-à-vis this subject-matter. As a second specific objective, it will also present the available tools to tackle the issue, incorporating this subject matter into the WTO’s framework. Intrinsically intertwined with this goal is the suggestion of a broad definition of “illicit trade”, which is specifically designed for its use at the WTO Authors: Santiago Díaz-Cediel, Hyomin Pak, and Erwin Prasetyo
An analysis of Export Restriction Rules and Proposals under the WTO This memorandum is a redacted version of a confidential research paper on export restriction negotiations under the auspices of World Trade Organization (WTO). The complete version of this paper has two components: the first is a sketch of the existing legal framework and negotiation proposals on export restriction; the second is the provision of negotiation proposals. Due to confidentiality considerations, only the first component of analysis is publicly available and presented here. This memorandum is organized in three parts. The first part elaborates on the most relevant WTO treaties, namely the General Agreement on Tariffs and Trade 1994 (GATT) and the Agreement on Agriculture (AoA). We discuss how the ambiguity of terms in these provisions poses challenges to effective disciplines on export restriction. Second, we analyze proposals from several WTO Members that seek to clarify the ambiguities or fill the void in the existing discipline. Third, we discuss regional trade treaties, including TTIP, CETA, and TTP, along with other less prominent WTO agreements. Authors: Bashayer Hassan Al Ahbabi, Maha Abdulaziz Al Shaikh, Maryam Abdulrahman Al Kaabi, Hanadi Abdulrahamn Al Habshi, and Sharouq Saeed Bawazir
Dispute Settlement Mechanisms in Free Trade Agreements As the world economy becomes more integrated, more complex Free Trade Agreements (FTAs) have emerged. A FTA is an arrangement in which states agree to give each other mutual preferential treatment, with regard to the trade of goods and services originating in their territories, by reducing tariff barriers and other trade restrictions. Most contemporary FTAs include goods and/or services, and often cover questions regarding investment, government procurement and competition. Despite the low number of disputes between governments, one of the core features of FTAs is that they almost always include a dispute settlement chapter of some sort. This guide explains what a Dispute Settlement Mechanism (DSM) is, why it should be included in a FTA, what the key elements of a DSM are, and which factors should be taken into consideration when designing one. Author: Victor Crochet, LL.M, Georgetown University Law Center
Third Party Submissions at the WTO This guide provides an overview of third party submissions at the World Trade Organization (WTO). It explains: what is a third party; who qualifies as a third party to a dispute; what are the benefits of participating as a third party; enhanced third party rights; and, the limits of what third parties can do. Author: Inu Manak
Brexit and the EU - Canada Comprehensive Economic and Trade Agreement: Implications for the European Union, the United Kingdom and Canada This memorandum has been prepared in the context of the United Kingdom (UK) providing notice to withdraw from the European Union (EU), known as Brexit, and the implications of this on the provisional application of the EU – Canada Comprehensive Economic and Trade Agreement (CETA) , and on the United Kingdom (UK) negotiating and concluding new Free Trade Agreements (FTAs). Most recently, the EU and Canada have signed the CETA and the Parties to the CETA have agreed to provisionally apply parts of the Agreement in the future. This memorandum therefore examines whether the provisional application of the CETA will continue to apply to the UK after it withdraws from the EU. This memorandum also identifies the constraints on the UK in negotiating and concluding future FTAs with third countries from an European Union law and Word Trade Organization (WTO) law perspective. We define third country as a country other than an EU Member State. Authors: Ana Poienaru, Stefanija Savic, and Morgan McCabe
The US Response to Brexit: Implications for International Trade Rights and Obligations Under the WTO System This report seeks to legally arm the US government to pursue US interests vis-à-vis the UK and the EU (“Brexit Parties”), and to push trading priorities in negotiations under the auspices of the WTO. The report examines exactly how and when the US may assert its rights at the WTO and appropriately challenge existing trade remedy orders. It also explores the legal approaches by which the US would have valid bases to complain against the UK and the EU in the context of Brexit, which could be used as negotiating leverage. This report address the following topics: (1) tariffs; (2) agricultural tariff-rate quotas (“TRQs”) and agriculture measure of support (“AMS”); (3) government procurement; and (4) anti-dumping and countervailing duty (“AD/CVD”) orders. Authors: Jin Woo (Jay) Kim, Julia Kuelzow, Tom Strong
Defining and Defending the Interest of Countries in WTO and Plurilateral Negotiations on Fisheries Subsidies This paper set out analysis and recommendations directed at defining the notions that are key to the ongoing negotiations on fisheries subsidies. It evaluates how these definitions or elements apply within the context of subsidy disciplines. Authors: Irina Chicu, Juan Carlos Herrera, and Ariane Vincent
Public Participation: Amicus Curiae in International Investment Arbitration This guide explains what amicus curiae participation is in the context of international investment arbitration. In addition, it outlines who can participate, what such participation entails, why participation may be beneficial, and lastly, the different procedural rules governing participation in different fora. Author: Inu Manak
Understanding the Linkage Between E-Commerce, Domestic Internet Governance and Role of Corporations: A Trade Perspective The aim of this paper is to contribute to the most comprehensive picture of Internet governance, and clarify the ways in which Internet governance influences the growth of e-commerce. It attempts to do so by analysing Internet governance and its implications for e-commerce, an area that has mostly been overlooked in the understanding of international trade implications of e-commerce. Authors: Marta Piazza, Nivedita Sen, and Sun Ying
Amicus Curiae Briefs in WTO Disputes: An Opportunity for Participation From the 1990s onwards, an increasing number of international dispute settlement systems have allowed non-state actors to make written submissions (amicus curiae briefs) in proceedings. International trade dispute settlement is no exception. Focusing on submissions in World Trade Organization (WTO) disputes, this TradeLab guide explains what an amicus brief is, why and how a non-state actor might submit one and what the possible benefits of submission are. This is one area in which TradeLab can help. Our clinics can assist any WTO member to identify cases it should submit a brief in, and/or prepare the brief on their behalf. Author: Nicola Charwat
The Application of Non-discrimination Obligations to Monopolies and State (Trading) enterprises This memorandum provides an analysis of the scope of non-discrimination obligations upon monopoly state enterprises (MSEs) and state (trading) enterprises under the General Agreement on Trade in Tariffs 1994 (GATT 1994), the North American Free Trade Agreement (NAFTA), and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA). Specifically, this memorandum answers the question as to whether there is one obligation for non-discriminatory treatment or two in each of the three agreements. Authors: Meghan Blom, Paul Burbank, Hunter Fox
Continental Free Trade Area: Dispute Settlement Mechanism Africa’s choices for the dispute settlement mechanism of the Continental Free Trade Area Authors: Victor Crochet, Frantz Jacques, Caroline Oduor, and Annet Mbabazi
The Future of the United Kingdom in Europe Brexit Scenarios and their Implications on Trade Relations Authors: Katrin Fernekeß, Solveiga Palevičienė, and Manu Thadikkaran
Compliance with International Standards on AML/CFT in Qatar: Gap Analysis This technical compliance report seeks to pre-empt the findings of the 2017 Mutual Evaluation Report by the Financial Action Task Force (FATF) Qatar Taskforce. This will enable the QFIU (Qatar Financial Information Unit) to propose the required amendments needed in Qatar’s laws prior to the arrival of the Taskforce, so that Qatar may comply more fully with the FATF Recommendations and achieve a higher rating than in previous evaluations. The technical compliance report herein identifies the recommendations in which Qatar meets the requirements and those where further amendments are required. Authors: Reem Safar, Ghada Kafoud, Noora Ahmad Al-Romaihi, Hessa Thani Alkuwari, Sarah Suliman, and Batool Al Atawneh
The EAC-EU EPA and Brexit: Legal and Economic Implications for EAC LDCs This report presents a legal and economic analysis of the Economic Partnership Agreement (EPA) between the European Union (EU) and the East African Community (EAC), the EPA's relation to the rules of the WTO, and the implications of the UK’s departure from the EU on EAC LDCs-EU trade. It considers the obligations of EAC parties under public international law, the WTO, the EAC treaties and under the EPA itself. The report also assesses whether EAC members are currently under any obligation to ratify or implement the EPA, and, in its final chapter, presents an analysis of the UK’s continuing obligations to EAC Partner States after Brexit. The authors also offer a series of recommendations of how EAC LDCs may best approach the UK to secure their developmental and economic interests. <br> <br> <b>Marcus Gustafsson (Georgetown University Law Center, Washington, D.C.), Aakanksha Mishra (Georgetown University Law Center, Washington, D.C.), Hiram Jackson Kisamo (TRAPCA,Tanzania), and Robert Ssuuna (TRAPCA, Tanzania).</b>
Project Summary: The WTO Marrakesh Agreement This is a short public summary of a paper produced for the University of Barcelona’s international economic law clinic. The full paper develops a legal analysis on the international legal consequences of possible irregularities in the adherence of a country (“X”) to the WTO Marrakesh Agreement. Authors: Sébastien Lauzier, Juan Sebastián Vallejo, and Camilo Vicaría
Pacific Agreement on Closer Economic Relations (PACER) Plus Negotiations: Dispute Settlement Mechanism This memorandum provides guidance on the type of dispute settlement mechanism that best serves the interests of the Pacific Island Countries (“PICs”) in the PACER Plus negotiations. This mechanism must be efficient, cost-effective, and inspire confidence in potential investors. We are cognizant of the need for a dispute settlement mechanism that does not involve binding procedures that could result in burdensome monetary damages imposed on the PICs. Accordingly, we recommend focusing on dispute prevention. Specifically we suggest providing for a dispute prevention mechanism (DPM) in the PACER Plus treaty text to encourage the resolution of investor grievances before formal dispute settlement procedures become inevitable. We also recommend obligatory negotiations at the outset. Though not mandatory, mediation should be strongly encouraged in the text, and be pursuant to a specific procedure outlined in the Investment Chapter. The PICs may consider retaining domestic courts as a binding dispute settlement procedure available at the option of the investor, but such a provision should be tailored to reflect the differing legal capacity levels of the PACER Plus parties. Authors: Elizabeth Annis, Cynthia Baker, and Liwei Lu
The Regulation of Capital Flows Though deployed successfully in restoring markets after the 2008 Financial Crisis, recent unconventional monetary measures have generated spillovers. The prospect of their retraction (i.e receding liquidity) engenders further adverse spillovers. It is in containing such spillovers that capital flow measures (CFMs) may prove to be vital. This guide addresses the issue of incongruent regimes applicable to capital flow measures, with a focus on the International Monetary Fund’s (IMF) Articles, international investment agreements (IIAs) and the World Trade Organization (WTO) regime. Authors: Ramon della Torre, Laurea Magistralis
Building an Export Strategy for COOMERSA - Salamina A customized report in Spanish for the COOMERSA, a cooperative of raw sugar producers based in Salamina, Caldas, Colombia. At the request of COOMERSA, the report indulges in a detailed analysis of its business structure, operation, marketing methods and its compliance with the Colombian domestic regulation. The due diligence report also includes an assessment of the Colombian export regime and the international standards applicable to COOMERSA in order to devise an effective export strategy. The final section of the report deals with the rules of the World Trade Organization and the applicable regulation included in the bilateral and plurilateral agreements entered into between Colombia and the European Union, Canada, and the United States. <br> <br> <b> Authors: Gustavo Guarin; Simon Hernandez; Daniel Tovar (IELPO, University of Barcelona, Barcelona)</b>
Illicit Trade and International Economic Law Illicit trade is an umbrella term that is used to describe a range of illegal activities from human trafficking, the trade in endangered species, illegal logging, fake medicines, illegal trade in arms and the production and sale of counterfeited and pirated goods. What is illicit trade from the purview of International Economic Law (‘IEL’)? What actions can be pursued to combat or stem the flow of illicit trade under IEL?
Export Taxes under WTO Agreements This memorandum analyzes the coverage of export taxes in the GATT and WTO regime. While export taxes are not directly regulated under WTO law, they could potentially be challenged under several provisions. GATT Article II:1(b) enables a contracting party to challenge an export tax only if another member has made binding commitments in its schedule of concessions and violates these commitments. GATT Article XI:1 potentially enables a contracting party to challenge an export tax only if it amounts to a de facto export ban. Additionally, as regards GATT Article XVI:1, the ordinary meaning and negotiation history of “income and price support” seem to suggest that export taxes is covered under this provision. Relatedly, SCM Article 1.1(a)(2) could be interpreted broadly to capture export tax. Finally, The Agreement on Agriculture also provides possibility to challenge export taxes. Authors: Jeanne Lambert and Sascha Rueffer
Counterclaims in Investor-State Dispute Settlement (ISDS) under International Investment Agreements (IIAS) Current state of law and identification of the basic criteria that counterclaims lodged by host States have to fulfil in order to be entertained by investment tribunals. Authors: Dafina Atanasova, Carlos Adrián Martínez Benoit, and Josef Ostřanský
Legal basis and effect of denunciation under international investment agreements This memorandum addresses the notion of consent to international investment arbitration and the possibility of the termination of such consent either by virtue of withdrawal from ICSID Convention or BITs. Through a detailed analysis of Articles 71 and 72 of the ICSID Convention, this memorandum discusses the varying interpretations and their repercussions on arbitral practice and treaty-making. Authors: Wolfgang Alschner, Ana Berdajs, and Vladyslav Lanovoy
What Holds African LDC Exports Back? Translating Global Trade Alert Data Into A Positive Trade Agenda For Africa Trade-Restrictive Measures (TRM) are an area of huge concern to importers and exporters in African Union Least Developed Countries (AU LDCs) located in Sub-Saharan Africa. This report identifies and analyses discriminatory government policies that adversely affect AU LDCs over the period 2009 to 2017 by using the Global Trade Alert database, a database that collects information on trade-discriminatory measures implemented by countries worldwide. The research by the students shows that the most frequently encountered TRM types are import tariff measures, tax-based export incentives, trade finance measures, public procurement localisation and export taxes. However, the Global Trade Alert excludes Technical Barriers to Trade and Sanitary and Phytosanitary measures that are formally justifiable as serving public interests, but are typically the most commonly cited as the biggest obstacles to trade. The report also provides policy recommendations and negotiation positions to the AU LDC Countries to move from a defensive trade agenda to an offensive one. <br> <br> <b> Authors: Pamela Anne Bayona; Vincent Martin Beyer; Olayinka Oladeji (Graduate Institute of International and Development Studies, Geneva) </b>
Services Trade under the East African Community Common Market Protocol Memorandum for the International Trade Center submitted by Isaac Baker, Carolina Arias Estévez and Karen Bosman
Issues and tensions in public procurement of ‘green innovation’: A cross-country study. Final Report to James Sheppard, Julio Bacio Terracino (OECD Public Governance and Territorial Development Directorate) from James Brenton, Kamala Dawar and Jan-Christoph Kuntze
Application of International Investment Agreements by Domestic Courts Memorandum to UNCTAD by Bahakal Yimer, Nicolas Cisneros, Laura Bisiani, Rahul Donde.
South Sudan’s Accession to the East African Community: Implementation of EAC Trade and Trade Related Instruments This memorandum aims to analyse the overall impact of South Sudan acceding to the East African Community (EAC), including the effects of joining the EAC Customs Union on customs policy and administration and the benefits of free movement of workers within the EAC. The objective of the analysis is to identify potential challenges, propose strategies and policy recommendations for South Sudan. The memo also undertakes a legal and comparative analysis of successful experiences of other East African countries, such as Rwanda and Burundi. Authors: Jiawen Chen (Georgetown University Law Center, Washington, D.C.), Isabel Fressynet (Georgetown University Law Center, Washington, D.C.), and Timothy Kalembo (TRAPCA, Tanzania).
Retaliation under the WTO system: When does Nullification or Impairment Begin? Memorandum issued to the permanent Mission of Canada by Thibault Fresquet, Kai Kan, Farzan Sabet.
Standards Under the North American Free Trade Agreement Memorandum by Kendra Magraw, Victorino Tejera and Louis-Philippe Coulombe on Standards Under the North American Free Trade Agreement: Fair and Equitable/minimum Standard of Treatment, Expropriation of Rights and Contracts, and the Standard of Compensation and the Determination of Damages for Violations of the Fair and Equitable/minimum Standard of Treatment
A "DIGITAL" GENEVA CONVENTION TO PROTECT CYBERSPACE? Microsoft has proposed a Digital Convention on cyber security and this commentary seeks to evaluate the inputs made in the proposal and how these inputs could inform future efforts in the field of cyber governance. The first part of the research presents the Microsoft proposal, and the way in which some of the legal gaps that it highlights could be filled by existing international law principles. The second part underlines that the Microsoft proposal is relevant to the behaviour of States, not common criminals, in cyberspace, and it highlights that the private sector’s control of the technical infrastructure on which the internet operates is novel and thus central to the security discussion in cyberspace. The third part provides a description of the existing framework relevant to State behaviour in cyberspace, noting that the effectiveness of such framework is undermined by the voluntary and non-binding nature of States’ commitment to the norms that they propose The fourth part presents three case studies of cyber events, assessed in the light of the Microsoft’s proposal rules, and the 2015 UN GGE voluntary norms on Responsible State Behaviour in the Cyberspace. Lastly, the fifth part follows up on the Microsoft’s suggestion of a third-party entity that could serve key functions in cyber governance, as the next necessary step to achieve a more secure cyber environment. The commentary suggests that the starting point for the creation of such an entity could be a multi-stakeholder discussion around the Tech Accord, as cyber security is a concern that touches upon private and public interests together. <br> <br> <b> Authors: Francesca Casalini; Stefania Di Stefano; Fabiola Rosi (Graduate Institute of International and Development Studies, Geneva)</b>
Corporate Models for Maximizing Benefits from Resources and Infrastructure Projects in Developing Communities The present report provides a comparative analysis of corporate models frequently used for social development purposes for the benefit of economically disadvantaged and marginalized communities. The objective of this analysis is to identify workable models through which economic and social benefits derived from resource and infrastructure development projects can be transparently held in perpetuity and equitably delivered to a specifically identified community in a developing country. The report considers Sovereign Wealth Funds (“SWFs”), Trusts, Foundations and Community Interest Companies (“CICs”) as potential models that could be adopted or tailored to suit the above-stated objectives. Authors: Abisade Adenubi, Yvan Rwananga, and Panos Theodoropoulos
Building the Capacity of Anti-Dumping Regimes in Developing Countries Many countries have limited resources to develop anti-dumping policies, procedures and practices. This Memorandum aims to advise these countries on how to conduct cost-efficient, minimally burdensome anti-dumping investigations that are consistent with the Anti-Dumping Agreement (ADA) and World Trade Organization (WTO) jurisprudence. The memorandum seeks to provide these countries with the tools to successfully impose an anti-dumping measure by also examining the policies, procedures, and practices of five other countries, namely the European Union (“EU”), the United States (“U.S.”), Brazil, Mexico, and Argentina. Advice is offered in two forms: (1) broader recommendations, contained in the body of the Memorandum; and (2) practical, step-by-step guidelines for key stages of an anti-dumping investigation, attached to the Memorandum. <br> <br> <b>Authors: Claire Schachter, Ragan Updegraff, and Anna Weinberger (Georgetown University Law Center, Washington, D.C.)</b>
WTO Rules, Export Quotas and Sustainable Development: the Case of China Rare Earths Memorandum submitted by Han-wei Liu, Pacyinz Lyfoung, John Maughan
Designing a WTO-consistent Customs Union: Select WTO Obligations in the Context of GATT Art. XXIV Submitted to the Permanent Mission of the Russian Federation to the United Nations Office and Other International Organizations in Geneva by Mikella HURLEY & Marina MURINA.
Accession of Lebanon to the Extractive Industries Transparency Initiative (EITI): Lessons learned, analysis and legal aspects of accession This is a policy paper that recommends Lebanon to join the Extractive Industries Transparency Initiative ("EITI"). EITI can benefit Lebanon by providing transparency in Lebanon’s industrial sector to achieve public interest. It further could improve Lebanon’s economy, and accountability by empowering communities and forming a relationship between government and civil society. EITI also helps in building a trustworthy reputation for Lebanon, making Lebanon an appealing environment for investors. The purpose of this paper is to propose that Lebanon should join EITI. Authors: Mariam Al Maraghi, Shaikha Al Kubaisi, Noora Al Naimi, Najla Al Naimi, Rana Al Bashir, and Sara Al Subaey
Canada – Certain Measures Affecting the Renewable Energy Generation Sector (DS412) Amicus Curiae Submission by Anastasia Smirnova, Pablo Bentes, Selina Bruderer, Weiwei Zhang.
Obligations Undertaken by States under International Conventions for the Protection of Cultural Rights and the Environment, a Limitation to Investor’s Rights? This memorandum by Monika Feigerlova Alexandre L. Maltais investigates to what extent obligations undertaken by States under International Conventions for the Protection of Cultural Rights and the Environment constitute a limitation to investor’s rights under bilateral or multilateral investment treaties and investment contracts.
UNFCCC Nationally Determined Contributions: Climate Change and Trade This study seeks to improve our understanding of the relationship between response measures, economic diversification and international trade rules, and accordingly identify the positive opportunities that the current proliferation of regional and bilateral trade agreements brings for diversification and climate change mitigation. In doing so, the study explores the following questions: (i) what are the trade-related response measures included in the INDCs/NDCs and how are these measures designed? (ii) What are the implications of these measures on the economic diversification of the states adopting the measures and on other states? (iii) What is the role of free trade agreements in the mitigation of climate change and how are these agreements constructed in a way to allow a space for the implementation of response measures? Authors: Rana Elkahwagy, Vandana Gyanchandani, Dario Piselli
A Comparative Analysis of Generalised Systems of Preferences: Challenges, Constraints and Opportunities for Improvement Memorandum to The European Parliament, Committee on International Trade by Alice Adami, Brian McGarry, Pamela Ugaz.
The Legality of Exchange Rate Undervaluation Under WTO Law A memorandum presented to Mrs. Vera Thorstensen, Getúlio Vargas Foundation by By Gregory Hudson, Pero Bento De Faria, Tobias Peyerl.
Tax Base Erosion and Profit Shifting (BEPS) and International Economic Law Memorandum submitted by Isabel Lamers Pauline Mcharo Kei Nakajima to Mr. Sergey Ripinsky and Ms. Kendra Magraw, UNCTAD.
Drafting MFN Clause in Investment Chapter of Trans-Pacific Partnership Agreement This memorandum by Alptug Tokeser & Jiao Mo examines interpretation of Most-Favoured-Nation (MFN) treatment standard for substantive protection in the context of international investment law.
Effective Compliance in the DSU: The Mechanics of Monetary Compensation as a Form of Reparation This Memorandum by Jordan Shepherd, Maria V. Sokolova and Wagari Negassa Wakjira focuses on improving the limitations of the World Trade Organization’s (WTO) dispute settlement mechanism through development of the remedy of monetary compensation into the Dispute Settlement Understanding (DSU).
‘Gold Standards’ for the International Investment Policy of the European Union after the Entry into Force of the Lisbon Treaty Memorandum to the European Commission, Cabinet of the Trade Commissioner, Mr. Damien Levie from Janina M. Mank, André Marini and Jason Rudall.
Memorandum on the draft CARICOM Model Act to Implement the UN Security Council Resolution 1540 with Regard to the Prevention of the Proliferation of Weapons of Mass Destruction Memorandum to Mr. O'Neil Hamilton, Regional Coordinator for the Caribbean Community (CARICOM) by Anthony Vanicek, Naoko Kato and Satoko Sawad
Regional Trade Agreement Choice-of-forum-clause as a Procedural Defence before the WTO Dispute Settlement in United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products Memorandum to Mr. Jorge A. Huerta Goldman, Permanent Mission of Mexico to the WTO from Pietro Acerbi, Sandra Carter, Maria Angela Jardim de Santa Cruz Oliveira.
Addressing the rise of Trade Remedies against Environmental Goods Trade and Investment Law Clinic Papers, 2014 by Kusum Dhanania and Worabhatra Chantramitra.
Treatment and Monitoring of the EU and USA Emissions Trading Systems Under the Agreement on Subsidies and Countervailing Measures of the WTO This memorandum analyzes climate change legislation of the EU and the US and found that they contain provisions that may constitute subsidies and be challenged as the WTO under the SCM Agreement, specifically provisions regarding emission allowances and rebate programs. Regarding reforms to the WTO framework, it is suggested that WTO Members may create environmentally friendly provisions under the SCM Agreement rather than a new multilateral and plurilateral environmental and trade agreement. Authors: Ilias Pnevmonidis, Megan Quek
Competence Shift on FDI from the EU Member States to the EU This memorandum examines the shift of competence on FDI to the EU. With a focus on the long term developments of EU IIAs, the analysis contains five core parts. First, it address the inclusion of FDI in the Common Commercial Policy, its definition, and the context. Second, it discusses whether EU IIAs will be mixed or “pure” Union Agreements. Third, it elaborates on the allocation of international responsibility for IIAs. Two options are discussed: the most probable WTO like system and an ECT like system. Fourth, it analyzes possible dispute settlement mechanisms, through recourse to internal tribunals, through international law, or through a new system with panels and appeal. Fifth and finally, it articulates the ways of enforcement against EUMS and the EU. Authors: Tom Moerenhout and Facundo Perez Aznar
The EU's Renewable Energy Directive - Consistent with WTO Rules? Directive 2009/28/EC on the promotion of the use of energy from renewable sources has been adopted on 23 April 2009. The ambitious plan to increase the share of renewables in their energy consumption to 20% by 2020 includes a 10% goal for the use of renewables in transport alone. Renewable energy could come from a variety of sources, but for transport the main source of renewable energy is biofuel. Overall, the Directive is mostly in line with obligations under the GATT Agreement, but certain elements will likely be considered a violation of GATT Art. III:4, in particular the land-use criteria and the setting of default values. The same conclusion can be reached regarding a violation of GATT Art. I:1. Non-sustainable biofuels are also subject to a restriction on importation within the European Union, which is a violation of GATT Art. XI. However, most of these measures can be justified under the exception clause provided by GATT Art. XX. Authors: Malorie Schaus & Andreas Lendle
Questions of Compatibility with WTO Law of Trade Measures Taken Under a New Climate Change Protocol This memorandum addresses two questions. The first is, based on the provisions of the agreement reached at the Copenhagen summit, what would be the legal implications under WTO law, if a signatory state imposes trade measures to persuade a non-signatory state to adhere to the agreement. The second question asks what are the legal consequences under WTO law if a climate change protocol requires signatory states to impose trade measures against other signatory states in cases of non-compliance. Authors: Alicia Giraudel and Benedikt Pirker
Industrial Policy and the WTO with Special Reference to the Least Developed Countries' Exceptions Given Laos’ economic and social development, this memorandum aims to analyze the industrial development objectives of Laos and comes up with policy recommendations that help to upgrade the industrial structure of Laos’ product space. Based on the current economic and geographic situation, Laos enjoys certain comparative advantages in high-end agricultural products, garment and handcraft, and wood and forest products. While these industries can serve as the starting point of Laos’ economic development, special emphasis should be put on the dynamic development of the industry profile. In order to develop a high-end modernized industry structure, Laos should strive to develop the backward and forward linkages of the industry. A few policy recommendations with regard to the industry modernization are offered. Authors: Antonella Angelini, Raymond Cambell Vidler, and Ankai Xu
The need for capital flow measures and their permissibility under international investment agreements The consistency of capital flow regulation under the US Model BIT, 2012 vis à vis the IMF and the WTO
