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"Impediments to Attainment of Objectives" Complaints

GATT Article XXIII:1 sets out the following types of complaints: If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result
Simon Lester 26 Nov 2012 2 min read

Border Carbon Adjustments

I don't hear much talk in the U.S. (or around the world for that matter) these days about climate change in general, much less taking any action to deal with it.  But some day the world economy might pick up, and perhaps then we will get back
Simon Lester 26 Nov 2012 2 min read

The State of Canada-EU Trade Negotiations

Canadian journalist Paul Wells provides a link to a leaked memo written by the European Commission, and offers some commentary here.
Simon Lester 26 Nov 2012 1 min read

Seal Products: Russia a Third Party and other Developments

Russia's participation as a third party in the seal products dispute between Canada and the EU will be an early opportunity to see how it approaches WTO litigation.  As I have noted in previous posts, Russia has banned imports of seal fur and its market is understood to
Rob Howse 24 Nov 2012 1 min read

Counsel Position at the ACWL

From the ACWL: The Advisory Centre on WTO Law (ACWL) is a public international organisation, independent of the WTO, which was established in 2001 to provide legal advice on WTO law, support in WTO dispute settlement proceedings and training in WTO law to developing countries and least developed countries. The
Simon Lester 23 Nov 2012 1 min read

India and the World Economic Order: Call for Submissions

From the Trade, Law and Development editors: Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain constructive and democratic debate on emergent issues in International Economic Law and to serve as a forum for the discussion and distribution of ideas – with a specific
Simon Lester 23 Nov 2012 1 min read

The Media's Take on Whether WTO DS Reports are Binding

There is some famous scholarly debate on whether WTO dispute settlement rulings are binding.  Here's a media take on it, from the CBC news (in the context of the Ontario feed-in-tariff case): The World Trade Organization appears to have upheld a complaint against the Province of Ontario’s
Simon Lester 19 Nov 2012 1 min read

The TLD Symposium

Let me just wrap up the TLD Symposium by saying thanks to everyone who participated, and hopefully readers enjoyed it.  We've never done one of those before, and I was glad the TLD folks proposed it, set it all up, and did much of the work. I think
Simon Lester 19 Nov 2012 1 min read

Is Government Provision of Public Goods a Financial Contribution?

SCM Agreement Article 1.1(a)(1)(iii) identifies the following as a "financial contribution": a government provides goods or services other than general infrastructure, ... I was helping out as a panelist in a WTO dispute settlement simulation in Amy Porges' WTO law class, and I came
Simon Lester 19 Nov 2012 1 min read

Congrats to the Honorable Claire Kelly!

Many readers probably know Claire Kelly, a trade law prof at Brooklyn Law School.  Well, she will now be moving from judging students to judging litigants at the Court of International Trade.  Here is yesterday's White House press release: Today, President Obama nominated Claire R. Kelly to serve
Simon Lester 16 Nov 2012 1 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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