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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

Does TTIP Need ISDS? Part II

The European Parliament's Committee on International Trade held a workshop on ISDS on Tuesday. I had a little trouble viewing the recorded video, but try these links. I was particularly interested in the response given by Rupert Schlegelmilch of the European Commission to the question, "Where is
Simon Lester 02 Apr 2014 1 min read

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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

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

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