Transnational Litigation, Arbitration, and Dispute Resolution

Introduction

Introduction

Introduction

After years of controversy, a small group of countries, including the United States and European Union member states, announced in December 2010 that they had finalized a new "Anti-Counterfeiting Trade Agreement"[1] ("ACTA"). With the negotiations complete, attention has turned to a question that may at first appear obscure, but is in fact of enormous importance: Can the U.S. President make the agreement on his own, without Congressional approval?

Introduction

On April 12, 2011, the Australian Government released a Trade Policy Statement outlining a series of five principles and six disciplines that will guide Australian trade policy in the future. Having laid out a comprehensive map, the Statement pointedly expresses opposition to investor-state dispute settlement provisions in future Australian trade agreements:

Introduction

Continued rulings in World Trade Organization (WTO) disputes against the United States are having a profound effect on the WTO dispute settlement system, ongoing WTO negotiations, and U.S. anti-dumping law and practice.

Introduction

Introduction

The WTO dispute in EC—Aircraft (DS316)[1] has been both lengthy (six years from the first consultations request to the circulation of the Appellate Body report) and complex (in terms of both legal and factual issues). This Insight provides a brief overview of the issues involved in the panel and appellate proceedings.

Factual Background

Introduction

Introduction

This Insight reports further efforts to suppress piracy off the coast of Somalia since Agora: Piracy Prosecutions—Countering Piracy off Somalia: International Law and International Institutions was prepared for the July 2010 issue of the American Journal of International Law.[1]

Introduction