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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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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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