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Simon Lester

The EC - Aircraft Appellate Body Report: The New Export Subsidy Standard

From the report: 1044. Because anticipated exportation "alone is not proof that the granting of the subsidy is tied tothe anticipation of exportation"2342, the legal standard for de facto export contingency under Article 3.1(a) and footnote 4 of the SCM Agreement further requires that there

The EC - Aircraft Appellate Body Report

Here it is on our web site. The big issues I was looking at are: -- Is launch aid a program? -- Can certain launch aid contracts at issue be considered "export subsidies"? Here's what the Appellate Body said on each: Is launch aid a program?

Even More Double Remedies

AFP reports: China said Monday it would levy anti-subsidy duties of up to 11.19 percent on imports of EU potato starch, in apparent retaliation over Brussels' decision to slap taxes on Chinese fine art paper. The commerce ministry said in a statement that importers of potato starch will

More Double Remedies

From the WSJ, this time it's the EU imposing both anti-dumping and countervailing duties: China said Saturday the European Union's move to slap tariffs on imports of Chinese coated fine paper is against the world trade organization principle and it will take measures to protect local

The Tuna-Dolphin Interim Panel Report

The interim panel report in the Tuna-Dolphin case (DS381) is out. Here's Washington Trade Daily: A World Trade Organization dispute settlement panel on Friday issued a mixed ruling concurring with Mexico that US “dolphin-safe” labeling rules cause more restrictions than necessary under global trade rules, WTD has learned

Which "Developing" Countries Should Benefit from Tariff Preferences?

The EU is rethinking things: The European Union intends to increase tariffs on developing countries including China, India and Brazil under a plan to give only the neediest nations preferential access to the world’s biggest market. The European Commission proposed to deny faster-growing emerging economies tariff reductions granted through

USCIB on Investor-State in the TPP

I've always had doubts about certain aspects of substantive international investment law and the investor-state dispute mechanism. I know it has strong support in the business community, but in terms of free market/trade liberalization type policies, I'm not sure how it fits in. Via Luke

More from Todd Tucker on Prudential Regulation

Todd Tucker has more to say on prudential regulation: Say a policy is non-prudential, like banning Internet gambling. In a WTO challenge of that ban, the first part of the dispute settlement hearing would be dedicated to figuring whether a country violated its GATS Article XVI commitments. (This article sets

More Jobs: Assistant USTR for Trade Policy & Economics

Job Title: ASSISTANT U.S. TRADE REPRESENTATIVE FOR TRADE POLICY AND ECONOMICS The incumbent serves as the Assistant U.S. Trade Representative for Trade Policy and Economics. The Office is responsible for managing a staff of professionals engaged in the intra-agency and interagency trade policy coordination. The Office also provides

Barriers to Trade in Legal Services

From today's Federal Register, here is a recent Section 302 petition to USTR: On March 14, 2011, Mr. Peter M. Haver filed a petition on his own behalf pursuant to Section 302 of the Trade Act addressed to acts, policies, and practices of the Government of Germany regarding