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Extraterritoriality in U.S. Law

Here's an interesting Dormant Commerce Clause case that might come before the U.S. Supreme Court, as described by a Cato colleague of mine: One of the several failures of the Articles of Confederation was the incapacity of the central government to deal with trade disputes among the
Simon Lester 22 Apr 2014 2 min read

Forget Clove Cigarettes, What about Clove Cigars?

This is from the U.S. answers to questions from the arbitrator in the Clove Cigarettes Article 22.6 proceeding: 88. Company documents from Kretek International (“Kretek”), which occupied 97 percent of the market for clove cigarette imports in the United States, substantiate that the current market for clove cigars
Simon Lester 22 Apr 2014 1 min read

A Revolving Door at the Appellate Body?

The Appellate Body has issued some "guidelines" for employees (AB judges, secretariat staff, interns) to follow after they have left: POST-EMPLOYMENT GUIDELINES IN RESPECT OF FORMER APPELLATE BODY MEMBERS, FORMER APPELLATE BODY SECRETARIAT STAFF, AND FORMER INTERNS AT THE APPELLATE BODY SECRETARIAT The Appellate Body expects the individuals
Simon Lester 20 Apr 2014 2 min read

Is the “Yarn-Forward” Rule Forwarding Free Trade?

The answer may depend on whom you ask.  Indeed, against the background of the recent TPP negotiation this particular origin rule offers a unique lens through which one can investigate a complex relationship of free trade, political economy and trade regionalism. According to Lien Hoang of the Bloomberg BNA, amid
Sungjoon Cho 15 Apr 2014 1 min read

The U.S. “Preemptive” Appeal in China-Rare Earths

Following up on Simon’s last post, I want to raise a few questions on the US appeal. In "U.S. Files 'Preemptive' Appeal Against WTO Ruling on Chinese Rare Earths", BNA WTO Reporter, April 10, 2014, Daniel Pruzin reports: The U.S. has filed a
Julia Qin 12 Apr 2014 2 min read

The China - Rare Earths Appeal

As everyone has no doubt heard by now, the U.S., Japan and the EU recently won a big victory over China in the Rare Earths case at the WTO. The WTO panel ruled that various Chinese export duties and quotas violated WTO obligations and were not justified by any
Simon Lester 12 Apr 2014 3 min read

WTO Seals:Canada kept export program for indigenous products under wraps til after AB hearing

One of Canada's key contentions in the WTO Seals dispute is that the indigenous exception in the EU ban is lacking in evenhandedness, favoring Greenland seal products over Canadian products.  The exception is de jure neutral and available to indigenous products regardless of origin.  But Canada has maintained
Rob Howse 10 Apr 2014 1 min read

Are Bank Bailouts “Subsidies” (and Do They Violate the WTO Norms)?

Tons of money flowed from the government (tax payers’ money!) to large banks in the United States and Europe to fight against financial crises.  The IMF has recently issued a report in which it calculated the size of such bailouts as well as proposed some reform agendas.  Interestingly, the IMF
Sungjoon Cho 08 Apr 2014 1 min read

No ISDS in the Australia - Japan EPA

This is from economics reporter Peter Martin: And now Australia has said no to an ISDS in its free trade agreement with Japan. The agreement will be better and simpler because of it. Some details of the agreement are here, but the full text is not out yet. Australia is
Simon Lester 07 Apr 2014 1 min read

A COOL Decision

Today the DC Circuit vacated (per curiam) its previous three-judge panel decision on March 28 (American Meat Institute v. Dep’t of Agriculture, No. 13-5281, Slip Op. at 14, n.1 (D.C. Cir. Mar. 28, 2014), and decided to rehear this case en banc.  (See also Andrew Zajac, Meat
Sungjoon Cho 04 Apr 2014 2 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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