Consequential Shifts in Adherence to International Investment Law Commitments

By BethEl NagerLaw Student Editor Aaron FellmethFaculty Co-Editor Victoria SahaniFaculty Co-Editor The Convention establishing the International Centre for Settlement of Investment Disputes (ICSID) in 1966 (the “ICSID Convention”) added a dispute resolution forum to the World Bank Group.  Specifically, ICSID provides arbitration and concilliation services for resolving foreign direct investment (FDI) disputes between a host […]

Libya’s Foreign Investment Troubles

By Aaron Fellmeth, Faculty Co-Editorand BethEl Nager, Law Student Editor During the 2011 Arab Spring, Libya endured its first civil war. This war was fought between supporters of long time dictator Muammar Gaddafi and rebel groups with a range of agendas, from pan-Islamism to democratic republicanism. The war lasted over eight months and resulted in the […]

EU’s New Export Regulation on Dual-Use Items

By BethEl Nager, Law Student Editorand Aaron Fellmeth, Faculty Co-Editor A new European Union (EU) Export Control Regulation was enacted on September 9, 2021. Through this rule, the European Commission (EC) strengthened the EU’s power over exports of “dual-use” goods. The dual-use classification applies to items that can be used by ordinary civilians but also have a technology […]

U.S. Sanctions Against the Taliban Creates Legal and Economy Uncertainty

By BethEl Nager, Law Student Editorand Aaron Fellmeth, Faculty Co-Editor In 1999, President William Clinton issued an executive order that declared a national emergency to address the threat of the Taliban. This order was issued in accordance with the International Emergency Economic Powers Act, National Emergencies Act, and 3 U.S.C. § 301 (2021). The order […]

WTO Dispute Settlement and Pandemic Responses

By Professor Alexandra HarringtonUniversity of Albany School of Law Since it was established, the World Trade Organization (WTO) Dispute Settlement Body (DSB) has functioned as a site of dispute resolution between Member States. As a general matter, the DSB has jurisdiction to hear complaints arising under the WTO’s treaty instruments alone, and generally the legal […]

The WTO Restores Dispute Resolution after Obstruction by Trump Administration

By Yinan GuoLaw Student Editor Aaron FellmethFaculty Co-Editor Beginning in October 2019, the U.S. government unilaterally blocked the appointment of panelists to the WTO’s Appellate Body (“AB”). As a result, the WTO dispute settlement system had ceased to conclusively resolve trade disputes nearly one year ago.  Because AB judges are appointed by consensus, any WTO […]

International Trade Court Holds Trump’s Turkish Steel Tariff Unlawful

By Yinan Guo Law Student Editor In an extraordinary ruling this summer, the U.S. Court of International Trade (CIT) has held that President Trump’s decision to increase tariffs on Turkish steel products violated both a statute in force and the Constitution’s Fifth Amendment Equal Protection clause. Section 232 of the Trade Expansion Act of 1962, 19 […]

New Elgar Blog Post on Teaching IBT

By Aaron FellmethDennis S. Karjala Professor of Law, Science & TechnologyArizona State University, Sandra Day O’Connor College of Law For those interested in some insights on teaching International Business Transactions by someone who has done it for the last 15 years, here is a link to my recent post on the Edward Elgar blog:

Supreme Court to Hear Whether ATCA Permits Corporate Defendants

By Aaron FellmethDennis S. Karjala Professor of Law, Science & TechnologyArizona State University, Sandra Day O’Connor College of Law In 2018, the Supreme Court ruled in Jesner v. Arab Bank PLC that the Alien Tort Claims Act, also known as the Alien Tort Statute (ATS), does not provide jurisdiction over foreign corporations that are allegedly […]

China’s Noncompliance with the 2020 U.S.-China Agreement

By Aaron FellmethDennis S. Karjala Professor of Law, Science & TechnologyArizona State University, Sandra Day O’Connor College of Law In January 2020, Donald Trump announced an executive agreement with the People’s Republic of China, which the USTR characterized optimistically as “historic and enforceable.” The so-called “phase one” deal resulted from negotiations after Trump imposed billions […]