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Reading up on Feed-In Tariffs

There have been a number of news reports about the WTO panel report in the Ontario feed-in tariffs case, brought by Japan and the EU.  The report has been issued to the parties, and may be circulated to the public some time in the next month or so.  If you
Simon Lester 28 Nov 2012 1 min read

"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

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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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