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More on a U.S. - China BIT

From Reuters: A top U.S. Republican lawmaker on T hursday called on the Obama administration to negotiate an investment treaty with China and to increase pressure on the world's second-largest economy to make trade and currency reforms. ... Camp's call for the United States to begin
Simon Lester 26 Apr 2012 1 min read

Interpretations, Clarifications, and Interpretative Clarifications

A few years ago, I did two posts on the difference between "interpretations" by WTO Members under WTO Agreement Article IX:2 and "clarifications" by panels and the Appellate Body under DSU Article 3.2.  Based on the statements by the Appellate Body quoted in the
Simon Lester 26 Apr 2012 1 min read

Meet the New BIT, Same as the Old BIT

That's the way Global Trade Watch sees the 2012 US Model BIT, which was announced on Friday.  They have a tracked changes comparison of the old one and new one.  As far as I can see, there is not much difference in terms of substantive obligations.  Luke Peterson
Simon Lester 22 Apr 2012 1 min read

Implementing the Clove Cigarettes Ruling

Speaking of Todd, he also has a long post in which he discusses the timing of implementation in the Clove Cigarettes case, and various options the U.S. might have for implementing. This is just off the top of my head, and I haven't put too much thought
Simon Lester 17 Apr 2012 3 min read

Banning All Flavored Cigarettes

Todd Tucker of Global Trade Watch points to a recent Brazilian ban on all flavored cigarettes: Unless you're an avid reader of Spanish and Portuguese language news wires, you probably missed Brazil's announcement last month of a ban on all flavored cigarettes: cloves, chocolates, and even
Simon Lester 17 Apr 2012 1 min read

Export Subsidies Aren't Really Prohibited

As we all know, SCM Agreement Article 3 says that "subsidies contingent, in law or in fact, whether solely or as one of several other conditions, upon export performance" -- in other words, export subsidies -- "shall be prohibited."  So, no export subsidies at all right?
Simon Lester 15 Apr 2012 2 min read

Interpretation and Institutional Choice at the WTO

Over at Opinio Juris, some familiar names are discussing a new paper by Joel Trachtman and Greg Shaffer, “Interpretation and Institutional Choice at the WTO.”  Here's how the authors describe the paper: Our article develops a new framework for understanding the drafting and interpretation of the agreements of
Simon Lester 11 Apr 2012 3 min read

More from Rob Howse on the Clove Cigarettes Case

For technical reasons, I'm posting this on behalf of Rob Howse: I wanted to respond to Simon and further respond to Todd regarding the reaction to US-Cloves.  In earlier posts I have defended the approach of the Appellate Body in proposing a test of whether detrimental effects on
Simon Lester 11 Apr 2012 5 min read

WTO Complaint on Indian Work Visas

I did two posts a while back on the issue of a U.S. work visa fee.  As the NY Times described it: ... Senator Charles E. Schumer , Democrat of New York, said his staff had come up with an alternative that would not hurt American workers: raising the visa application
Simon Lester 10 Apr 2012 1 min read

How Will The Clove Cigarettes Decision Be Perceived?

Somewhat predictably, Global Trade Watch is going nuts about this decision.  Todd Tucker actually tweeted: "The #WTO paves the way for kids smoking cola ciggies and dying from lung cancer." I understand the role of rhetoric in achieving policy goals, so I don't take most of
Simon Lester 10 Apr 2012 1 min read

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

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

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