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The "Good Kind" of Offshoring

Good for the U.S. anyway; bad for Japan.  From Reuters: Toyota Motor Corp will shift production of its Highlander hybrid sport-utility vehicle from Japan to Indiana, where the company will invest $400 million and add 400 new jobs. The Japanese automaker also plans to export some Highlanders to other
Simon Lester 09 Feb 2012 1 min read

National Treatment Issues in the Bilcon NAFTA Chapter 11 Case

It has been a while since I've had an excuse to talk about National Treatment issues in investment treaties, so I'm happy to see the Bilcon NAFTA Chapter 11 case going forward.  As usual, I turn to Luke Peterson for a basic overview of the facts:
Simon Lester 08 Feb 2012 4 min read

Banning Keystone Oil Exports

Some members of Congress are trying to prevent oil that would go through the proposed Keystone pipeline from being exported: Rep. Ed Markey (D-Mass.) and other House Democrats called the bluff of Keystone XL pipeline supporters by introducing a bill that would ensure that the oil and refined fuel from
Simon Lester 08 Feb 2012 2 min read

Chinese Compliance with WTO Rules

There seems to be some controversy over whether China will comply with the Raw Materials decision.  Personally, I'm not sure there is anything to be concerned about at this point.  Governments are often disappointed when they lose WTO disputes, as are the domestic constituencies that have been affected.
Simon Lester 06 Feb 2012 1 min read

Treaty Interpretation and Titles of Provisions

For those of you who are in to treaty interpretation, this is from last week's China - Raw Materials Appellate Body report: 320. In addition, we note that Article XI of the GATT 1994 is entitled "General Elimination of Quantitative Restrictions". The Panel found that this
Simon Lester 06 Feb 2012 1 min read

Julia Qin on GATT Article XX and China - Raw Materials

Julia was trying to comment on this post, but neither she nor I could make the comment go through, so I'm putting it here as a separate post: Technically, the accession protocol should be an independent legal instrument that establishes China's accession to the WTO Agreement,
Simon Lester 02 Feb 2012 1 min read

From Russia with Humanity-More on Seals

The recently reported Russian prohibition on seal fur imports adds an important element of context for the EU’s dispute with Canada and Norway over its seal products ban.   The details of the Russian ban are in this WTO document:  http://www.wto.org/english/news_e/news11_e/table1_
Rob Howse 31 Jan 2012 1 min read

China - Raw Materials and OPEC

Buried in the last paragraph of a NY Times article on the China - Raw Materials case, I saw this: Western governments have periodically considered filing an international trade case against nations in the Organization of Petroleum Exporting Countries for limiting oil exports. But they have refrained from filing, having
Simon Lester 30 Jan 2012 1 min read

The China - Raw Materials AB Report: GATT Article XX and Non-GATT Agreements

In the China - Raw Materials appeal (the AB report, circulated today, is here), China argued that "Article XX of the GATT 1994 is available as a defence to China in relation to export duties found to be inconsistent with China's obligations under Paragraph 11.3 of
Simon Lester 30 Jan 2012 1 min read

More on Technical Regulations vs. Standards

I'm still thinking about the difference between "technical regulation" and "standard" in the U.S. - Tuna dispute.  Here's my latest thought.  Once again, let me quote the relevant language.  The TBT Agreement defines "technical regulation" and "standard"
Simon Lester 29 Jan 2012 2 min read

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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

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

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