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The World Trade Organization (WTO) Panel Report in Australia – Anti-Dumping Measures on A4 Copy Paper (Australia – A4 Copy Paper) marks a significant development of the multilateral rules on anti-dumping. Under certain circumstances, WTO agreements permit members to impose anti-dumping measures to counteract the injurious effect of dumping on domestic industries, typically through import duties. The Report is the first to examine in detail when an anti-dumping authority may determine that a "particular market situation" exists in the country of exportation under Article 2.2 of the WTO Anti-Dumping Agreement, potentially justifying the imposition of elevated remedial duties. The Report also develops the jurisprudence on how such remedies may be calculated, expounding the use of benchmark costs for the calculation of a constructed normal value (CNV) under Article 2.2.1.1. These doctrinal questions are central to the longstanding debate over how far the Anti-Dumping Agreement allows anti-dumping measures against state intervention and market distortions. On both fronts, the Australia – A4 Copy Paper panel created flexibilities for WTO members to respond to government-induced distortions. In doing so, the Report deviates considerably from the course set by the Appellate Body in the landmark EU – Biodiesel decision, which seemed to confine anti-dumping measures to responding to private action. At the same time, the panel left open several important issues relating to the adoption of CNVs and the use of benchmarks for their calculation, leaving wide latitude for investigating authorities to inflate dumping margins in practice. [ABSTRACT FROM AUTHOR]

Presents a case on the Iran-U.S. Claims tribunal, dominant and effective nationality test and beneficial ownership of claims. The Saghi family's claim against Iran for its expropriation of a paper plant and distribution business; Tribunal on jurisdiction based on dominant and effective nationality of claimant; `Important caveat'; Case analysis.

For all the attention paid to the panelists and Appellate Body of the World Trade Organization (WTO), the Secretariat plays an overlooked and increasingly important role in the dispute settlement mechanism (DSM), including in selecting panelists, writing "issue papers" for adjudicators, providing economic expert advice, participating in internal deliberations, and drafting actual rulings. This Article argues that, given these functions, the DSM is better understood to be a sui generis administrative review process than it is a "World Trade Court." [ABSTRACT FROM AUTHOR]

This introduction provides an overview of thirteen essays selected in response to a worldwide call for papers for an Agora on "The International Legal Order and the Global Pandemic." The essays in the Agora consider some of the most pressing challenges, as well as potential opportunities, that COVID-19 is creating for the international legal order. The specific topics addressed include the role of international organizations such as the World Health Organization, state responsibility, human rights, financial regulation, and international trade. Contributors were invited to address the theme from a historical, institutional, doctrinal, normative, critical, or geopolitical perspective, or a mix of perspectives. [ABSTRACT FROM AUTHOR]

Information about several papers discussed at the United Nations climate change conference on December 7-19, 2009 in Copenhagen, Denmark is presented. Topics include political agreement or the Copenhagen Accord, long-term goal for the limit of climate change and the mitigation commitment. The conference features various countries including Asian countries, Bolivia and Sudan.

The article presents a paper which examines the organizational culture of the World Bank, and explains why it has not assumed a human rights policy. It states that the institution has assumed several environmental and social policies and works on issues. However, it says that the bank has not established an operational policy on human rights. Hence, the marginality of human rights in the bank's policy contradicts its public speeches official reports wherein they have discussed and supported human rights. It tells that the bank does not maintain complete and consistent access on human rights policy and operational levels. Hence, due to the its existing policies, it justifies that the bank lacks three provisions including a staff policy to reduce the effect of its projects on human rights.

Comments on the papers presented for the symposium on the boundaries of the World Trade Organization. Omission of a perspective from a developing country; Threat posed to the trading system by lobbies seeking to impose other agendas; Provision of compensation or adjustment assistance to poor countries.

How does the World Trade Organization (WTO) relate to the wider corpus of public international law? What, in turn, is the role of public international law in WTO dispute settlement? This paper aims at resolving these two difficult questions. No straightforward answers to them can be found in WTO rules. Yet answering them has major ramifications both for the WTO (is the WTO a largely "self-contained regime" or is it not?) and for international law (is the future of international law further fragmentation or increased unity?). This exercise will be conducted under the law as it stands today—that is, the law as it may be invoked at present before the WTO "judiciary" (panels and the Appellate Body). Of course, WTO members (viz., the WTO "legislator") could clarify or change the relationship between WTO rules and other rules of international law. However, it is unlikely that such changes will occur any time soon. In part I, I examine the general relationship between public international law and WTO law. I then assess, more specifically, the role of public international law in WTO dispute settlement in part II and offer some conclusions in part III. [ABSTRACT FROM AUTHOR]

Presents a paper which looks at the legal system applicable to the World Trade Organization (WTO). Examination of the rules governing the Dispute Settlement Understanding (DSU); Practices associated with the WTO; Functions of the Dispute Settlement Body (DSB); What Article 7 of the DSU stipulates.

The article provides information on the 2007 judicial activities of the International Court of Justice (ICJ). It states that the ICJ has issued four judgments including the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Servia and Montenegro) and the request of the Uruguay for the indication of provisional measures in Pulp Mills on the River Uruguay (Argentina v. Uruguay), which was denied by the Court. Meanwhile, the court has also interpreted various substantive and procedural provisions of the Vienna Convention.

The article reports that the U.S. Department of the Treasury's Office of Foreign Assets Control has issued new regulations tightening U.S. controls on trade in rough diamonds. The regulation is aimed to strengthening U.S. oversight of diamond trade in support of the "Kimberley Process." This system of diamond certification comes from the conflict-free areas was established to prevent rebel groups in unstable countries from financing their activities by selling so-called "blood diamonds." The paper discusses the provisions of the trade regulation.