Lothar Ehring (@LotharEhring) header
Lothar Ehring (@LotharEhring) profile picture

International trade lawyer. Day job at the EU, also lecturing int'l trade law at universities. The usual disclaimers.

Brüssel, Belgien
Joined February 2012
Photo by Lothar Ehring (@LotharEhring)Photo by Lothar Ehring (@LotharEhring)Photo by Lothar Ehring (@LotharEhring)Photo by Lothar Ehring (@LotharEhring)
Very funny, I find. The prior post is instructive of geography. Omsuktshan (near Magadan) seems to be the most remote place in Russia's far east that can be reached all the way by car. At least according to Google. Vladivostok closer; Uelen or even Kamchatka unreachable by car.
You can do that in Bangalore traffic too
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I'm often asked about podcasts on international trade. These are those I know/could find. 1st group: trade policy, 2nd group: trade operations, finance or customs (bottom: DE/NL). Ranking is by no. of Spotify ratings & survey among trade policy pros. Do send others you know/like!
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I know only half of the first group and none of the second. So a lot to discover. I get the question because I often refer to something I learnt on podcasts, which can be instructive and inspiring. The list with the hyperlinks will also be published; I will point out where. /
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A virtuous example in this respect was the European Commission's proposal for an Anti-Coercion Instrument, in the explanatory para on "Fundamental rights". It speaks of "restrictions" of "the freedom to engage in international trade or investment as part of the freedom of ... 1/n
The word "freely" carries enormous, though underappreciated, significance also under domestic and international human rights law. Trade and investment restrictions are interferences with freedoms, property and equality, thus require a justification that is too seldom verified.
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professional activity, the right of property ... or other fundamental rights including equal treatment". Restriction does not mean violation, but it must happen on a "proper legal basis, ... in pursuit of a legitimate objective, and in line with ... proportionality". 2/n
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The word "freely" carries enormous, though underappreciated, significance also under domestic and international human rights law. Trade and investment restrictions are interferences with freedoms, property and equality, thus require a justification that is too seldom verified.
Globalization gets a bad rap because we often forget that the exchange it facilitates is between people, engaging freely with each other. This new series of videos helps illuminate that, and I highly encourage you to watch it.
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A most interesting question (for me) is how obligations of different parts of international law interact. For the "war/emergency" security exception of int'l economic agreements, a jus ad bellum illegality is of no relevance (majority opinion, established since 2019 in the WTO).
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A very different situation is a jus in bello illegality of the trade restriction in question, for which there are several poss. bases in IHL; plus poss. IHRL. Does it disturb the validity of an Art. XXI(b)(iii) GATT defence? That is a question for the Art. XXI(b) chapeau.
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This is an opportunity to learn something fundamental about WTO law and dispute settlement. The webinar Monday at 2 will be to comment on my draft article in honour of Frieder Roessler's legacy. It will be the first comprehensive explanation of litigation rights in the WTO and...
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how this was applied insufficiently correctly in practice. The paper will explain how parts of the WTO Agreement depart from the GATT Article XXIII model. It will also explain how actionable subsidies are not illegal. These differences have been disregarded more often than not. /
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In all my years at university, Holger Spamann was the most brilliant law student I met. This is very instructive for anyone interested in common/civil law, the role of jurisprudence & judicial reasoning. From a legal realist perspective, compelling. My high expectations exceeded.
In the latest Conversations from Harvard Law School podcast, Holger Spamann argues that the differences between the two most widely used legal systems in the world are not as stark as many lawyers imagine. open.spotify.com/episode/4ip…
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1. This is an excellent contribution to the study of security exceptions in int'l trade & investment agreements, here with a focus on recent trends in bilateral investment treaties and how these compare and relate to the GATT model. There is variation ... doi.org/10.1093/icsidreview/…
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2. also some other directions, including in trade agreements, e.g. "tensions amounting to a threat of war" instead of "emergency in int'l relations". Further research is welcome into the exact effect of those differences, and how States can juggle these for horizontal measures.
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Over the last 24 hours I’ve been thinking about Frieder Roessler and his legacy. I’ll share the following small story because I think it exemplifies his sharpness and the quality of his lawyering: in the 2nd half of the 2000s, I was working a lot on export duties (Russian and ...
Deeply saddened by this loss, I want to pay tribute to Frieder Roessler who was a titan of international trade law. Frieder was the second Director of the GATT Secretariat’s Legal Affairs Office/Division (1989-1995) and influenced strongly the jurisprudence of GATT panels until
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Ukrainian WTO accession, NAMA DDA and free-trade negotiations). Many know how controversial disciplines on export duties were/are in many quarters. Frieder’s 1975 article on “GATT and Access to Supplies” was still seminal 30 years after publication because it disproved positions
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Deeply saddened by this loss, I want to pay tribute to Frieder Roessler who was a titan of international trade law. Frieder was the second Director of the GATT Secretariat’s Legal Affairs Office/Division (1989-1995) and influenced strongly the jurisprudence of GATT panels until
The ACWL is saddened to announce the death of Dr. Frieder Roessler, the first Executive Director of the ACWL, at the age of 85. He will be greatly missed. We send our heartfelt condolences to Frieder’s family and friends. acwl.ch/dr-frieder-roessler/
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the start of the WTO. The ACWL rightly underlines Frieder’s subsequent achievements (I saw him litigate the first appeal for the ACWL). His hallmark was the quality, rigour, clarity and power of his top-level lawyering and his natural familiarity with international economic law.
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The horse played a key role in the history of humanity, this may be why it is classified as first animal in the first tariff heading 0101 of the Harmonized System of the @WCO_OMD. This excellent BBC history podcast tells the story of the symbiosis between humans and the horse ...
thought I’d share this golden clip while everyone is aimlessly waiting
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... being the most important event in the history of humanity of the last 12,000 years, as the Eurasian continent was being populated, small changes in temperature prompted agriculture and humans became more mobile, moving east-west: podme.com/no/history-extra-p…
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"virtue must be its own reward. History is a biased judge." Not only history (sometimes). Zeitgeist and other fashions possibly more often.
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Discovery (if correct) in yesterday’s WTO panel reports on non-discrimination (cf 7.35 and 7.36 of the Norway report): Article I:1 is not one obligation, but at least 7 separate MFN obligations. Do you compare the treatment with respect to all matters covered, or separately ...
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... the treatment on each? The panel did the latter, without discussing. If one country faces a duty, the other a quota, then must you find out which is more advantageous, or is this automatically 2 MFN breaches? Art. I: one equally advantageous treatment, or 7+ such treatments?
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Sports journalist and book author: "Very many countries of this world want to host a world championship; big football nations like Spain for example so far could never host it …” deutschlandfunk.de/katar-auf…
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A famous quote by Michel Platini about a famous match he played: « Celui qui n’a jamais vu ce match n’a jamais vu un match de football. Celui qui n’a jamais vu ce match n’a jamais vu un match de Coupe du monde. Aucun film au monde, aucune pièce ne saurait transmettre autant ...
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Confusing. Why do some use a concept of "WTO incompatible" that omits half of the equation, namely applicable exceptions like Article XX? What is the evidence that uncertainty over WTO-compatibility acts as regulatory chill? Do human rights obligations also have that effect? 1/2
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How would consideration of regulatory purpose in Art. III GATT enhance legal certainty, conceptual clarity and reduce the role of "judges"? How about a waiver for every legitimate measure vs general rules, and how about waiting for the 1st negative ruling on a legitimate measure?
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Im @ZDF @heutejournal wurde vor wenigen Minuten Österreich als "Bundesrepublik" vorgestellt. Das ist schon ein wenig traurig und peinlich gegenüber einem Nachbarland, dessen Geschichte bedeutend genug ist für ein paar Grundkenntnisse in einer deutschen Rundfunkanstalt.
This Friday at 11 Geneva time, I will speak at #SIEL2021 about "Export Restriction or Equal Treatment? Vaccine Distribution Across the World", on a panel with Carlos Correa, @kashidih and @koenberden, moderated by @Annaisaac.
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Not to be missed!
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"Made in the USA" - so this cannot have anything to do with language mastery.
"Do not glue mat to porous surfaces, such as pregnant women.... Do not taunt mat." Shades of Happy Fun Ball!
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This happened one hour ago, after 80 days of solitary day & night sailing around the world, in the night of the finish, 5 hrs before arrival, with real chances of victory. Tragic. It might add unexpected supporters to WTO negotiations on fisheries subsidies.
FLASH NEWS: @borisherrmann in collision with fishing boat At 1950hrs UTC this evening, some 90 miles from the Vendée Globe finish line, German skipper Boris Herrmann (Seaexplorer-Yacht Club de Monaco) was in collision with a fishing boat. More info here: bit.ly/2Nz4BeY
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