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The Realm of Transparency under GATT Article X:2

GATT Article X:2 provides that: 2. No measure of general application taken by any contracting party effecting an advance in a rate of duty or other charge on imports under an established and uniform practice, or imposing a new or more burdensome requirement, restriction or prohibition on imports, or
Sungjoon Cho 07 Jul 2014 3 min read

Launching the WTO Plurilateral Green Goods Negotiations Next Week

Early next week, plurilateral negotiations on liberalization of trade in green goods will be launched at the WTO.  The negotiations are based on an agreement between a sub-set of WTO Members that was announced at Davos, and represent a new beginning for the treatment of environmental goods and services at
Rob Howse 05 Jul 2014 2 min read

Soaring Prices and Access to Vaccines: A New Mission for WTO TRIPS flexibilities?

A must-read article that appeared in the New York Times a couple of days ago nyti.ms/1t8ugtz details the soaring cost of vaccines and the potentially disastrous public health consequences (some of which are already being felt).   This seems an ideal case for compulsory licensing.  I would note that
Rob Howse 05 Jul 2014 2 min read

TTIP and Article XX

Simon has noted on the blog before the increasing interest in including an Article XX-type exception in investment agreements, as a way of helping to resolve some of the regulatory issues raised by, eg, the FET and expropriation obligations. Indeed, many of you will have seen that Article XX is
Andrew Lang 02 Jul 2014 4 min read

WorldTradeLaw.net

Many of you have probably noticed a new WorldTradeLaw.net web site.  Some aspects of the site are free for everyone, so I thought I'd mention one particular issue here on this blog:  How to link to PDF versions of WTO DS documents on the site. On the
Simon Lester 30 Jun 2014 1 min read

Regulatory Cooperation Needs the Cooperation of the Regulators

This is from Inside U.S. Trade ($): Representatives of two U.S. regulatory agencies yesterday (June 24) expressed varying degrees of skepticism toward the idea of expanded regulatory cooperation with the European Union under a U.S.-EU trade deal, and raised fears that an agreement could slow down their
Simon Lester 30 Jun 2014 2 min read

The Bali Deal on Food Security-Binding and Legally Secure (contra Christian Haeberli)

This morning in Florence I presented a very rough version of a paper I'm working on about food security post-Bali.  As followers of this site will recall, thanks to India holding firm, the interim solution on food security contains a peace clause that precludes dispute settlement complaints concerning
Rob Howse 27 Jun 2014 2 min read

Two Good ISDS Pieces

There are two new pieces on ISDS that are very good, one from UNCTAD and one from ECIPE.  Both have lots of good data on ISDS cases.  I'll let the data speak for itself, but I wanted to comment on the ECIPE piece, which is authored by Roderick
Simon Lester 25 Jun 2014 3 min read

“Corporate Welfare” and WTO Export Subsidies

The next House majority leader, Representative Kevin McCarthy, has recently shocked the U.S. business community by stating that he would oppose the U.S. Export-Import (Ex-Im) Bank being reauthorized in the fall.  He said that “one of the biggest problems of government is they go and take hard-earned money
Sungjoon Cho 23 Jun 2014 3 min read

The U.S. View of the AB Seal Products Report's GATT Article I and III Findings

From Wednesday's DSB meeting: * With respect to the non-discrimination claims under Articles I and III of the GATT 1994, the findings by the Panel and Appellate Body are more troubling. * In particular, we are not fully persuaded by the Appellate Body’s finding that the national treatment provisions
Simon Lester 20 Jun 2014 1 min read

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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