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Florida Grapefruits and the SPS Agreement

My local paper reports that there may be an SPS case originating not too far from me: Florida's war against canker ended in 2006, but six years later a battle is still being waged on the international front. Florida, specifically the Indian River region, is the world'
Simon Lester 20 Jan 2012 1 min read

Keystone and NAFTA Chapter 11

Todd Tucker of Global Trade Watch explains how President Obama's decision to stop the Canadian-owned Keystone oil pipeline could lead to a NAFTA Chapter 11 claim: ... TransCanada could point to a long string of overtures by the U.S. government that led it to develop "legitimate expectations&
Simon Lester 20 Jan 2012 1 min read

China vs. Brazil at the WTO?

To date, China has brought 8 complaints at the WTO, six against the U.S. and two against the EU. China also has 23 complaints against it.  Again, the U.S. and EU dominate, with 12 complaints by the U.S. and five by the EU.  There is a little
Simon Lester 18 Jan 2012 2 min read

Submissions for the European Yearbook of International Economic Law

From the editors of the European Yearbook of International Economic Law (EYIEL): The editors of European Yearbook of International Economic Law (EYIEL) invite contributions from prospective authors with unpublished articles or working papers for EYIEL Volume 5 (2014) to be published at the end of 2013. The contributions should discuss
Simon Lester 18 Jan 2012 1 min read

And Yet More on the End of China's NME Status

Back in November, I mentioned a blog post by trade lawyer Bernard O'Connor arguing that the end of China's NME status might be further off than many people think.  There was some good discussion of these issues in the comments to that post.  Then in December,
Simon Lester 16 Jan 2012 2 min read

More on the Reorganization of U.S. Trade Agencies

First up, the White House press briefing, with some more details on the plan, is here: http://www.whitehouse.gov/the-press-office/2012/01/13/press-gaggle-press-secretary-jay-carney-and-omb-deputy-director-manageme Second, here are some links to what others have been saying: Dan Drezner: "this [is] one of those "reorganizing government" initiatives that
Simon Lester 16 Jan 2012 3 min read

No Appeal under TBT 2.2 in the Clove Cigarettes Case

The Jakarta Post reports: Indonesia will not lodge an appeal against a WTO ruling on the import ban of flavored tobacco by the US, citing satisfaction despite losing its argument on the efficacy of the ban in reducing the number of young smokers. Director general for international trade Gusmardi Bustami
Simon Lester 14 Jan 2012 1 min read

Reorganizing U.S. Trade Governance

From the AP: President Barack Obama will ask Congress on Friday for greater power to shrink the federal government, and his first idea is merging six sprawling trade and commerce agencies whose overlapping programs can be baffling to businesses, a senior administration official told The Associated Press. Obama will call
Simon Lester 13 Jan 2012 1 min read

Tolerating Non-Compliance in WTO Dispute Settlement

In the latest issue of Trade, Law & Development, Claus Zimmerman argues that WTO dispute settlement gets things just right in terms of the level of enforceability: It emerges from the analysis provided in this article, that although the WTO’s dispute settlement mechanism has not been designed to encourage
Simon Lester 13 Jan 2012 2 min read

Baldwin on the Rise of Regionalism

From a recent CEPR paper by Richard Baldwin: The rise of 21st century regionalism is not yet a disaster for the world trade system. It has kept trade liberalisation and trade booming despite the WTO’s slow progress. But the present course of events seems certain to undermine the WTO’
Simon Lester 13 Jan 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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