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Energy, Resources and Environmental Issues in International Law

From the The Canadian Council on International Law: Combustion: Energy, Resources and Environmental Issues Igniting International Law November 13-15, 2014 - Ottawa, Ontario The Canadian Council on International Law is pleased to announce its 43rd Annual Conference: "Combustion: Energy, Resources, and Environmental Issues Igniting International Law". Practitioners and
Simon Lester 27 Apr 2014 1 min read

To Boldly Go Where No “Yarn” Has Gone Before…

My apologies if the title of this post ever disappoints sci-fi fans, but certain cashmere yarns from all over the world have now had an opportunity to trek to South Korea, and eventually to the United States. A number of regional trading agreements (RTAs) contain the “yarn-forwarding” rule.
Sungjoon Cho 25 Apr 2014 1 min read

How Far Will Canada Go to Smear Anti-Seal Hunt Activists?

Canada's latest move has been to attack the singer Morrissey, claiming that he compared the seal hunt to Auschwitz.  However, what Mr. Morrissey actually said was different.  He merely used the example of concentration camps to illustrate the moral argument that if something is intrinsically evil the fact
Rob Howse 24 Apr 2014 1 min read

Misleading Journalism about the WTO Seals Dispute

An article appearing in Sun New service by Jessica Hume gives a very misleading impression of the Seals case.  http://bit.ly/1rmpx15  The article appears in the guise of an interview with Geneva-based attorney and former Canadian official Brendan McGivern.  Of course, I don't know what
Rob Howse 23 Apr 2014 2 min read

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
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

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International Economic Law and Policy Blog

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A law of many meanings: Exchange Actions under the GATT and IMF

Earlier this week, Simon Lester posted about the EU’s concerns with the undervaluation of the Chinese currency. He situated the recent demands for trade restrictions against a longstanding debate about the function of GATT Article XV:4.
25 Jun 2026 8 min read

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

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