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THE ABSENCE OF SUSPENSIVE MEASURES IN THE WTO AND WHY THE FAROE ISLANDS TAKES ITS CASE ALSO TO UNCLOS

Intrigued by the Faroe Islands simultaneous WTO and UNCLOS complaints, I think I finally understand that the Faroe Islands hopes to benefits from a feature of UNCOS that is completely absent in the WTO dispute settlement process. The fact is that the International Tribunal for the Law of the SEA
Marc Benitah 11 Nov 2013 1 min read

The Faroe Islands Herring Dispute

Marc mentioned it on this blog the other day.  The consultations request is here.  Some key parts: - The Facts 6. The Atlanto Scandian herring is shared between the respective exclusive zones of five coastal States, namely the Faroe Islands, Iceland, Norway, the Russian Federation, and, to some extent, the
Simon Lester 07 Nov 2013 3 min read

Has Canada violated its NAFTA transparency obligations by keeping the CETA text secret?

It almost goes without saying that it is an egregious violation of the principles of liberal democratic governance that Canada-and the EU, apparently-are keeping the agreed, final text of the CETA a secret.  I can only hope that NGOs somewhere are seeking it through access to information proceedings in both
Rob Howse 06 Nov 2013 1 min read

Seals:the exceptions and the question of nullification and impairment

Having now spoken to several people who have seen the leaked Seals panel report-I still haven't-what appears to be the case is that the panel has upheld the general measure but found some of the exceptions to be violations.  To my mind, this raises a vexing issue concerning
Rob Howse 05 Nov 2013 1 min read

The Faroe Islands Simultaneous Complaints under UNCLOS and the WTO: The Fragmentation of International Law is Well Alive .

I have noticed  that The Faroe Islands have recently referred the use of threats of coercive economic measures by the European Union, in relation to the Atlanto-Scandian herring, to an arbitral tribunal under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS). At the same
Marc Benitah 05 Nov 2013 1 min read

Long Live "Aim and Effect"!

The exchanges in the comments on this recent post on national treatment in investment law got me thinking about a more general national treatment point. It's easy to get bogged down in the technicalities of the national treatment obligation, so, if I may, I'd like to
Simon Lester 04 Nov 2013 1 min read

WTO Chairs Programme - Call for Applications

It's my pleasure to bring to your attention the call for application for the WTO Chairs Program. Established in 2010, it is the flagship program by the WTO to promote WTO-related teaching, research and outreach activities in leading universities in the developing world. As a member of the
Henry Gao 04 Nov 2013 1 min read

CETA and GIs

This is from Canada's "technical summary" of CETA: * Limited GI rights provided to EU on: Asiago, feta, fontina, Gorgonzola and Munster * won’t affect ability of current users of these names in Canada to continue use * future users will be able to use the names only
Simon Lester 01 Nov 2013 1 min read

Renewable Energy Commentary from Economists

Back in May, I mentioned some comments by economist Amar Breckenridge on the FIT/Renewable Energy WTO panel report.  Along with a colleague, he has a new piece on the AB report.  Here's an excerpt related to the AB's discussion of market definitions and the existence
Simon Lester 31 Oct 2013 1 min read

Cloves, Tuna, COOL Update

If you are wondering what's going on with the Cloves, Tuna, and COOL WTO disputes, Jamie Strawbridge has an ASIL Insight with some details on the implementation status of each.  From the conclusion: If the WTO upholds U.S. compliance steps in some or all of these cases,
Simon Lester 31 Oct 2013 1 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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