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Simon Lester

Petitioners' vs. Respondents' Views on Prospective vs. Retrospective Systems

As mentioned a little while back, in the conference report accompanying the 2010 Consolidated Appropriations Act, Public Law: 111-117, the conferees "directed the Secretary of Commerce to work with the Secretaries of the Departments of Homeland Security and the Treasury to conduct an analysis of the relative advantages

Two Interesting Pieces of Trade Law Scholarship

On SSRN, "Strategic Delaying and Concessions Extraction in Accession Negotiations to the World Trade Organization," by Eric Neumayer: Accession to the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT), is like no accession to any other international organization. It is extremely

Chat Online with USTR About TPP

From USTR: USTR is ... actively seeking public input on objectives for the Trans-Pacific Partnership negotiations ahead of the second round of negotiations, which will be held during the week of June 14. As part of USTR’s Schedule of activities for World Trade Week, USTR chief negotiator for the

Retaliatory Anti-Dumping

Can anti-dumping measures be used as a response to another country's anti-dumping measures? From the recent consultations request by the EU in China - Provisional AD Duties on Fasteners (DS407): 2. The EU considers that Article 56 of the Regulations of the People's Republic of

Zeroing in "Targeted Dumping" Situations: The Next Battleground?

Trade lawyers Bob LaFrankie and Alicia Winston write (registration required) about a recent DOC decision related to zeroing in the "targeted dumping" context: Foreign exporters and U.S. importers should take note of a recent antidumping decision that represents a significant change in the U.S. Government'

GATT Articles I and II and the China Specific Safeguard

A while back, I wrote about the Chinese consultations request in the U.S. - Tires Safeguards (DS399) case. I was intrigued by how China presented its claim. Here's what I said then: " instead of simply claiming a violation of the Protocol, China characterizes its claims as being

"Clarifying" WTO Provisions Through the DSU

I wanted to follow-up on my postabout a NAFTA Chapter 19 panel's consideration of zeroing under U.S. law. I realize that I put a lot of emphasis on DSU Article 3.2 as the basis for arguing that WTO panel and Appellate Body clarifications of WTO

Choosing Panelists in the Philippines - Alcohol Taxes Case

The selection of WTO panelists is one of the least transparent parts of the WTO dispute process, and is rarely discussed publicly. So, I thought these statements by a trade official might be of interest to readers who would like some insights into the process: THE PHILIPPINES has proposed criteria

Human Rights in Trade Agreements

A proposal by a Canadian politician: Canadian opposition lawmaker Scott Brison, whose proposal to include human rights reviews in a free trade accord with Colombia may win its passage, said the idea could jumpstart a similar agreement stalled in the U.S. Congress. Critics of trade with Colombia say President

Free Speech and Free Trade

Columbia University President Lee Bollinger wants the WTO to help promote free speech: On Google’s recent development with China, Bollinger said, “I have the sense that the lines have been drawn in the sand and Google is withdrawing to Hong Kong and maybe beyond. … What's going to