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More on GSP Withdrawal to Enforce Arbitration Awards

Roger Alford is pushing forward with the debate on whether withdrawal of GSP benefits can be used to enforce investment arbitration awards, with another blog post on the issue. Let me push back a bit. Roger says: the Enabling Clause requires GSP benefits to be conferred in a non-discriminatory manner
Simon Lester 25 Mar 2014 4 min read

GSP Withdrawal to Enforce Investment Arbitration Awards

Roger Alford has an interesting post over at Opinio Juris (based on an article), in which he discusses the withdrawal of GSP benefits as a way to induce compliance with investment arbitration awards. To illustrate this situation, let's say a government has previously offered lower tariffs to a
Simon Lester 24 Mar 2014 3 min read

The Scope of the TBT Agreement: What is a Technical Regulation?

Having followed Rob's coverage of the Seal Products Appellate Body hearing, there is an issue that puzzles me: What is the scope of the "technical regulations" covered by the TBT Agreement?  I'm finding that I have no idea how to think about this question.
Simon Lester 21 Mar 2014 2 min read

Regulating Cheap Newspapers

From the Jerusalem Post: Israel Hayom may have to look for a new business model if a bill outlawing free daily newspapers passes into law. The text of the bill, proposed by MKs Eitan Cabel (Labor), Robert Ilatov (Yisrael Beytenu), Ayelet Shaked (Bayit Yehudi), Elazar Stern (Hatnua), Ariel Attias (Shas)
Simon Lester 20 Mar 2014 1 min read

ASIL IEcLIG Call for Papers

From the ASIL/IEcLIG: CALL FOR PAPERS American Society for International Law International Economic Law Interest Group (IEcLIG) in partnership with the University of Denver Sturm College of Law Sutton Colloquium 2014 Biennial Research Conference: REASSESSING INTERNATIONAL ECONOMIC LAW AND DEVELOPMENT: NEW CHALLENGES FOR LAW AND POLICY University of Denver
Simon Lester 20 Mar 2014 2 min read

Seals Hearings:"Consistency" (from Jo Langille)

Today at the Seal Products Appellate Body hearing, the discussion focused on Canada’s claim that there is a philosophical consistency test included in the law of the WTO. Canada’s argument is that under the law of the WTO, the EU should not be able to regulate to protect
Rob Howse 19 Mar 2014 8 min read

The Seals Hearings:Thoughts on TBT 2.2 and Tuna II

Canada and Norway have been attacking the EU anti-cruelty ban by focusing, at this stage exclusively, on its exceptions.  Of what relevance are these to TBT 2.2 (as opposed to 2.1)? I think the answer lies largely in the US-Tuna II case.  Recall that the AB in reversing
Rob Howse 19 Mar 2014 2 min read

A Reflection on this Afternoon at the Seals Hearing: Democratic Pluralism and the Structure of WTO Law

This afternoon( left just before the coffee break) saw the panel struggling with how within the text of TBT 2.2 to frame or imagine the EU measure, which is animated by moral concerns about seal welfare and about complicity with excessive   suffering of seals, but balanced by other concerns.
Rob Howse 18 Mar 2014 4 min read

Seals Hearings:The Implicit Transit and Inward Processing Exceptions

AB Division Member Chang has raised the issue that there is one estimate in the Cowie Report that suggests largest amount of seal products that entered the EU at the time the EU measure was imposed were for processing and transit, which are permitted under the scheme.  He is pressing
Rob Howse 18 Mar 2014 2 min read

Seals Hearings Day One Part Two

So if the Appellate Body were to complete the analysis and do its own assessment of the EU measure under TBT, what might its concerns be?Some hints come from a few questions from the Division yesterday afternoon.One concern seemed to be whether the EU measure is being effectively
Rob Howse 18 Mar 2014 3 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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