Jesse Kreier

No surprise, but the EU/UK FTA imposes effectively no constraints on trade remedy use between the parties. Eight short, one-sentence paragraphs, with paragraph 8 carving paragraphs 1-6 out of dispute settlement. There is no value-added here beyond an (unenforceable) requirement to consider information on public interest (para. 6). The

Back in November, I posted about a preliminary US Commerce Department decision to treat certain free allowances under the EU's Emission Trading System as a countervailable subsidy.  The other shoe has now dropped, as the DOC on 11 December confirmed its conclusions in the final determinations in Forged

How quickly things change. Just a few years ago some trade lawyers were proposing that FTAs refer their disputes to the WTO DS mechanism. Now, it seems that there is a new trend – addressing what are in effect WTO disputes through FTA dispute settlement. This week, an Arbitration Panel under

When RCEP came out, analysts emphasized the importance of cumulation rules.  While many of the RCEP countries had FTAs among themselves, binding all those FTAs into a single mega-regional meant that all RCEP content would be counted for origin purposes, and this would allow products with complex RCEP value chains

Co-authored with Sandeep Chandy The growing trade tensions between China and Australia have been widely reported in the press. In a recent manifestation of these tensions, China last Friday issued an affirmative preliminary determination regarding alleged dumping of wine from Australia, and imposed provisional duties of between 107.1% to

If we need any reminder that the Brexit transition period is drawing to a close, and of the implications for UK/EU trade, then two public notices issued over the past few months should do the trick. These notices, one by the UK and the other by the EU Commission,

I guess I must be the only lawyer on either side of the Atlantic that missed two pending US countervail cases involving the EU's Emission Trading Scheme. The investigations, involving Forged Steel Fluid End Blocks from Italy and Germany, include allegations that the free emission allowances given to

We’re all looking at RCEP now. One really interesting angle is to compare the RCEP text to that of the CPTPP, its competitor. On the one hand, in many areas the text of RCEP is not only similar, but is in fact identical, to that of CPTPP. At the

This afternoon I finally got around to reading the Decision Memorandum underlying the US Commerce Department’s preliminary determination in the US CVD investigation on Tires from Vietnam (C-552-829). This investigation is of course best known for being the first application of the DOC’s new regulations on currency undervaluation

I know the Panel Report in Saudi Arabia - Measures Concerning the Protection of Intellectual Property Rights (DS567) came out way back in June, but I am only getting to it, and it is interesting at many levels. The issue I'd like to flag today is how the