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Rare Earths:The Right to Regulate as a General Principle of WTO Law and a Canon of Interpretation

This won't be my last post on Rare Earths, but its the first. In China-Publications the Appellate Body addressed the possibility that the Article XX general exceptions might apply with respect to obligations under agreements other than the GATT, in that case China's Protocol of Accession.
Rob Howse 27 Mar 2014 2 min read

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

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

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