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When customary international law is not binding

This year the World Trade Forum at the WTI is exploring the rule of law in monetary affairs.  This morning Markus Krajewski presented an excellent paper on the human rights implications of austerity programmes in the Eurozone.  There ensued an interesting debate, in which a former general counsel of the
Rob Howse 13 Oct 2012 1 min read

A Braking Mechanism for Subsidies

Cato held a panel discussion yesterday on subsidies and subsidy discipline.  A central theme explored was how the United States can exert global leadership in the field of subsidy control and enlightened self-restraint.  I contributed a suggestion raising some potentially complex legal (maybe constitutional) issues that might benefit from commentary
John Magnus 10 Oct 2012 2 min read

TLD Symposium: Henry Gao Comment on "Participation of Developing Countries in WTO Dispute Settlement"

Article: Going Beyond Stereotypes: Participation of Developing Countries in WTO Dispute Settlement, 4(1) Trade, L. & Dev. 45 (2012) [available here] Authors:  Jan Bohanes & Fernanda Garza Comment by Henry Gao The participation of developing countries in WTO dispute settlement system is a topic of great importance in theory
Simon Lester 09 Oct 2012 6 min read

TLD Symposium: Introduction to "Participation of Developing Countries in WTO Dispute Settlement"

Article: Going Beyond Stereotypes: Participation of Developing Countries in WTO Dispute Settlement, 4(1) Trade, L. & Dev. 45 (2012) [available here] Authors : Jan Bohanes & Fernanda Garza Reviewer: Henry Gao Introduction to the Article, by Shreya Munoth Dispute Settlement is, undisputedly, one of the most outstanding features of the
Simon Lester 09 Oct 2012 2 min read

Composing the Seal Products Panel: Just How Long Did It Take?

Rob pointed us to the composition of the Seal Products panel yesterday. Everyone is probably aware that it took a long time to compose the panel.  To be precise, based on the establishment date of April 21, 2011, when Norway's panel was established (Canada's was established
Simon Lester 09 Oct 2012 1 min read

Seal Products Panelist Chelliah

Simon our leader just pointed out to me that Chelliah was also on the Tuna/Dolphin III panel (she replaced one of the originally named panelists who passed away during the proceedings). The Tuna/Dolphin finding that there was no violation by the US of non-discrimination in TBT (Article 2.
Rob Howse 08 Oct 2012 1 min read

Panelists named in Seal Products dispute

The panelists are: Luzius Wasescha, Elizabeth Chelliah, and Patricia Holmes. Wasescha, a familiar name to many who follow this blog, is a senior Swiss trade official, who has held numerous important positions and served on several WTO panels.  He has an academic training in law and (some years ago) wrote
Rob Howse 08 Oct 2012 1 min read

TLD Symposium: Author's Reply on "Transparency and Public Participation in the WTO"

Article : Transparency and Public Participation in the WTO: A Report Card on WTO Transparency Mechanisms, 4(1) Trade, L. & Dev. 19 (2012) [available here] Authors : Gabrielle Marceau & Mikella Hurley Reply by Gabrielle Marceau I agree with the comments of Robert Wolfe and there is not much to add.
Simon Lester 05 Oct 2012 1 min read

Export Restrictions and Food Security

In a recent study, co-authored with Stanford agricultural economist Tim Josling, we discuss the implications for food security of the China-Raw Materials ruling on export restrictions.  We explore how the provisions of the  Agreement on Agriculture can be given new meaning in light of the AB's approach to
Rob Howse 05 Oct 2012 1 min read

Australian High Court: Plain Packaging Does Not Involve an "Acquisition"

We learned about the Australia High Court's plain packaging decision a couple months ago, but now we have the reasoning.  I've only just skimmed through it.  There's a lot in there, for those who are interested either in this case or these property rights
Simon Lester 05 Oct 2012 2 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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