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The Legality of Exchange Rate Undervaluation Under WTO Law

The Legality of Exchange Rate Undervaluation Under WTO Law

A memorandum presented to Mrs. Vera Thorstensen, Getúlio Vargas Foundation Executive Summary This memorandum is the result of a request submitted by the Center on Global Trade and Investment of the Getúlio Vargas Foundation (FGV) in Brazil in the framework of the Trade Law Clinic at the Graduate Institute of International and Development Studies, Geneva. The following questions concerning primarily the legal effects, under international trade law, of exchange rate policies a

Designing a WTO-consistent Customs Union: Select WTO Obligations in the Context of GATT Art. XXIV

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 Executive Summary This memorandum addresses the relationship between Article XXIV of the GATT 1994, which governs the implementation of preferential trade agreements (PTAs), and certain other substantive obligations within the WTO Covered Agreements, namely: 1) the freedom of transit in goods (as reflected in Art. V of the GATT); 2) trade r

Canada - Certain Measures Affecting the Renewable Energy Generation Section (DS412)

Canada - Certain Measures Affecting the Renewable Energy Generation Section (DS412)

Introduction The International Institute for Sustainable Development (‘IISD’), the Canadian Environmental Law Association (‘CELA’) and Ecojustice Canada (‘Ecojustice’) hereby submit the following amicus curiae brief in the matter Canada — Certain Measures Affecting the Renewable Energy Generation Sector (DS412). According to Article 13 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’), a Panel can ‘seek information and technical advice

Competence Shift on FDI from the EU Member States to the EU

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

Addressing the rise of Trade Remedies against Environmental Goods

Addressing the rise of Trade Remedies against Environmental Goods

Executive Summary This research paper analyses the current problem of frequent resort to trade remedies for environmental goods and makes recommendations to resolve this problem. Specifically it tries to examine the issue, whether the imposition of trade remedies (that is levying of anti-dumping and countervailing duties) on environmental goods undermines the efforts at trade liberalisation, by tariff reduction for environmental goods. This paper divided into 4 parts, part I

Application of International Investment Agreements by Domestic Courts

Application of International Investment Agreements by Domestic Courts

Memorandum to UNCTAD Executive Summary This is an abstract of a Memorandum to UNCTAD by Bahakal Yimer, Nicolas Cisneros, Laura Bisiani, Rahul Donde. The full work can be downloaded in pdf format here. This memorandum is the outcome of the research topic submitted by the United Nations Conference for Trade and Development in the framework of the Investment and Trade Law Clinic at the Graduate Institute of International and Developmental Studies. Our project, as requested by UN

Drafting MFN Clause in Investment Chapter of Trans-Pacific Partnership Agreement

Drafting MFN Clause in Investment Chapter of Trans-Pacific Partnership Agreement

This memorandum examines interpretation of Most-Favoured-Nation (MFN) treatment standard for substantive protection in the context of international investment law. Executive Summary 1. This memorandum examines interpretation of Most-Favoured-Nation (MFN) treatment standard for substantive protection in the context of international investment It also offers proposals for drafting the MFN clause of the Investment Chapter of the Trans- Pacific Partnership (TPP) Agreement. The ma

Effective Compliance in the DSU: The Mechanics of Monetary Compensation as a Form of Reparation

Effective Compliance in the DSU: The Mechanics of Monetary Compensation as a Form of Reparation

This Memorandum 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). Executive Summary This Memorandum 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). It

Export Taxes under WTO Agreements

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 ta

Obligations Undertaken by States under International Conventions for the Protection of Cultural Righ

Obligations Undertaken by States under International Conventions for the Protection of Cultural Righ

This memorandum 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. Executive Summary This memorandum was prepared by students of the Trade and Investment Law Clinic at the Graduate Institute of International and Development Studies as a response to a reques

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