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
Law Clinics To Make WTO, Preferential Trade and Bilateral Investment Treaties Work for Everyone
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The TradeLab network consists of legal clinics all over the globe.
TradeLab can assist with a variety of trade- and investment law related projects.
Build legal capacity through researching, simplifying and making international economic law more accessible.
Offer background research and support in the negotiations of trade and investment agreements.
Provide compliance assessment of proposed or existing legislation, drafting of model legislation or advocacy positions in the context of existing agreements on trade and investment.
Assist in preparing litigation briefs (including amicus briefs), third party submissions, and legal memoranda at the WTO, in investor-state arbitration and other fora.
TradeLab has assisted a wide range of beneficiaries with complex international trade- and investment law matters.
Governments & Public Officials
- Government of Mexico (Should Mexico Join ICSID?)
- Permanent Mission of the Russian Federation to the United Nations Office (Designing a WTO-Consistent Customs Union)
- Permanent Mission of Canada in Geneva (Retaliation under the WTO system: When does Nullification or Impairment Begin?)
- European Parliament, Committee on International Trade (A Comparative Analysis of Generalised Systems of Preferences)
- European Commission, Cabinet of the Trade Commissioner (‘Gold Standards’ for the International Investment Policy of the European Union after the Entry into Force of the Lisbon Treaty)
Small and Medium Sized Enterprises
- European SME invested & expropriated in the Middle East
- East African Business Association (Services Liberalization in East African Community)
- African Union (Drafting of Dispute Settlement Mechanism for CFTA)
- CARICOM Secretariat (CARICOM Project)
- UN Conference on Trade and Development (Tax Base Erosion and Profit Sharing)
- International Monetary Fund (Consistency of Capital Flow Regulation Under the US Model BIT 2012, vis à vis the IMF and the WTO)
- International Centre for Trade and Sustainable Development (China Rare Earths Export Quotas)
- Black Market Watch (Illicit Trade and International Economic Law)
- The People’s Pledge (The Future of the UK in Europe: Exit Scenarios and Their Implications on Trade Relations)
- International Institute for Sustainable Development, Canadian Environmental Law Association, and Ecojustice Canada (Amicus Brief in WTO dispute on Canada Feed-In Tariffs for Renewable Energy)
- Oxfam International (Questions of Compatibility with WTO Law of Trade Measures Taken under a New Climate Change Protocol)
Here are some examples of projects that TradeLab has assisted with.
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
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
Final Report to James Sheppard, Julio Bacio Terracino (OECD Public Governance and Territorial Development Directorate) from James Brenton, Kamala Dawar and Jan-Christoph Kuntze
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Clinic projects are supported by experienced practitioners in the field, pro bono.
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How To Guides
TradeLab is committed to empowering everyone to benefit from WTO, Preferential Trade and Bilateral Investment Treaties.
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.
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. This is one area in which TradeLab can help. Our clinics can assist any WTO member to identify cases it should submit a third party brief in, and/or prepare the brief on their behalf.
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and bilateral investment treaties work for you.