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Economic Nationalism As a Marketing Tool

From Reuters: Starbucks Corp (SBUX) on Tuesday will debut the first products in a line of U.S.-made mugs and other merchandise that will be sold in its roughly 7,000 U.S. cafes to support domestic manufacturing and raise money for its Create Jobs for USA fund. The
Simon Lester 12 Jun 2012 1 min read

The US View of the Role of Precedent

This is from Friday's Shrimp and Saw Blades WTO panel report: 6.7 The United States considers that the quotations to two Appellate Body Reports contained in paragraph 7.29 do not adequately reflect the role that each panel  plays in the dispute settlement process.  The United States
Simon Lester 11 Jun 2012 2 min read

Export Credit Financing and Negotiating Priorities

Reuters reports that the Ex-Im bank has been reauthorized. In this context, President Obama said: As long as our global competitors are providing financing for their exports, we've got to do the same. So I'm glad that Congress got this done. It sounds to me like
Simon Lester 01 Jun 2012 3 min read

Are Tuna Trade Restrictions Unavoidable?

Is there any way for the US not to discriminate against foreign tuna with its dolphin safe labeling laws? In the context of the WTO Tuna decision and possible implementation alternatives, some members of Congress seem to think this will be difficult: The WTO decision, in contrast, would require the
Simon Lester 01 Jun 2012 1 min read

Implementing Cloves-US Intentions

From Rob Howse, who asked me to post this for him: At the May 24 DSB meeting the United States made the following statement concerning implementation of the Cloves ruling: This morning, as provided for in the first sentence of Article 21.3 of the DSU, the United States wishes
Simon Lester 30 May 2012 1 min read

Anti-Coercion in Tuna

There are a number of past GATT/WTO disputes where the issue of the "coercive" nature of the measure was raised. The old tuna/dolphin cases and the shrimp/turtle cases come to mind immediately, and I'm sure there are others. (I haven't done
Simon Lester 29 May 2012 4 min read

Is There an MFN Violation in Tuna?

This is from paragraph 299 of the Tuna report, where the Appellate Body sets out its conclusion on TBT 2.1: We  find, instead, that the US "dolphin-safe" labelling provisions provide "less favourable treatment" to Mexican tuna products than that accorded to tuna products of the
Simon Lester 24 May 2012 1 min read

Smoke-Free New Zealand and Trade Rules

New Zealand is talking about getting rid of smoking entirely: There are smoke-free bars, smoke-free parks, even smoke-free college campuses. But a smoke-free country? New Zealand's government on Thursday squeezed smokers more than ever by announcing a 40 percent hike in tobacco taxes over the next four years.
Simon Lester 24 May 2012 1 min read

Tuna: The End of the PPM distinction? The Rise of International Standards?

I enjoyed reading the discussions so far related to the latest AB report on Tuna.  Streamlining Tuna with Cloves, in both cases we now have: (1) a finding of discrimination (cloves v. menthols in Cloves; stricter labeling requirements in the ETP v. outside the ETP in Tuna) and (2) a
Joost Pauwelyn 22 May 2012 4 min read

Did the China CVD panel open a Pandora's Box about the uniqueness of the outcome provided by the market benchmark?

It is now established in WTO case-law that, apart from certain limited situations, the existence of a  Benefit arising from a financial contribution is based on the comparison between for example the terms of a loan and the market based commercial benchmark for an equivalent loan. It is implicit in
Marc Benitah 21 May 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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