Trade Remedies and Non-Market Economies: The WTO Appellate Body's Report in United States—Definitive Antidumping and Countervailing Duties on Certain Products from China
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The WTO dispute in ECâAircraft (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
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Many European countries have experienced outbreaks caused by a dangerous strain of Escherichia coli (E. coli) bacteria, and two countries have, to date, reported deaths related to these outbreaks. Responses have involved actions that implement and affect international legal regimes on public health and international trade. This Insight describes these E. coli outbreaks and the international legal issues the outbreaks have raised.
The European E. coli Outbreaks
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Beginning in 2010, legislators in half of the U.S. states proposedâand in two states adoptedâa series of bills or state constitutional amendments designed to restrict the use of international law and foreign laws by state (and sometimes federal) courts. This Insight will summarize the trend in adopting legislation hostile to international law and foreign laws and briefly discuss its causes and consequences.
State Bills and Proposed Constitutional Amendments
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A long-running crusade against the display of crucifixes in Italian public schools finally came to an end on March 18, 2011, in a judgment by the Grand Chamber of the European Court of Human Rights (âEuropean Courtâ).
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