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More on the End of China's NME Status

Christian Tietje and Karsten Nowrot have posted a short policy paper discussing the legal issues surrounding the treatment of China as an NME.  Here's an excerpt: In light of these findings, it thus appears – at least from a theoretical legal perspective – in principle very well admissible that some
Simon Lester 21 Dec 2011 1 min read

The Russian Seal Fur Ban

From The Globe and Mail: Russia and two of its neighbours have informed the World Trade Organization that they are banning the import and export of harp seal pelts – a move that animal-rights activists are celebrating as the death knell of Canada’s commercial seal industry. Russia has been the
Simon Lester 20 Dec 2011 1 min read

Scott Lincicome on the CAFC GPX Decision

In addition to explaining the history of the case and the issue in general, Scott comments on the impact of yesterday's GPX decision: So what happens to all of these CVD orders and investigations?  Well, it seems somewhat likely that Commerce and/or the domestic industry will appeal
Simon Lester 20 Dec 2011 2 min read

Countervailing Duties and NMEs under U.S. Law

From the GPX opinion by the U.S. Court of Appeals for the Federal Circuit, released today: In this consolidated countervailing duty case, the U.S. Court of International Trade (“Trade Court”) ordered the U.S. Department of Commerce (“Commerce”) not to impose countervailing duties on goods from China, a
Simon Lester 19 Dec 2011 1 min read

Gambling Dispute Update

From a statement (Word doc) by Antigua at the Ministerial Conference plenary session: The question of dispute settlement brings me to an issue that, along with the case of cotton, highlights inappropriate dispute settlement results at the WTO that have the potential to undermine the credibility of the organization. Antigua
Simon Lester 19 Dec 2011 2 min read

A “panel of multi-stakeholders of the WTO”

From WTO DG Pascal Lamy's opening statement at the Ministerial Conference: ... We also need to look at the real drivers of today’s and tomorrow’s world trade, at today’s and tomorrow’s obstacles to trade, at today’s and tomorrow’s trade patterns, at how to
Simon Lester 16 Dec 2011 1 min read

WTO Rules and the Role of the State in the Economy

From a statement (Word doc) by Bolivia, Cuba, Ecuador, Nicaragua and Venezuela at the WTO Ministerial: 5.    Trade is a tool and not an end in itself.  The Preamble to the Marrakesh Agreement Establishing the World Trade Organization, which lays down the general objectives of the multilateral trading system, confirms
Simon Lester 16 Dec 2011 1 min read

The EC - Aircraft Article 21.5 Complaint

is here: http://www.worldtradelaw.net/cr/ds316-19(cr).pdf Here's the key part: On 1 December 2011, the EU transmitted a document ("EU Notification") to the United States purporting to explain how the EU has complied with the recommendations and rulings of the DSB.  The
Simon Lester 14 Dec 2011 2 min read

More Chinese AD Duties that Might be Challenged at the WTO

From Bloomberg: China announced plans to impose anti-dumping duties on some vehicles imported from the U.S. after failing to block a U.S. tariff on Chinese tires. Punitive duties will be as high as 12.9 percent for autos from General Motors Co. and 8.8 percent for Chrysler
Simon Lester 14 Dec 2011 1 min read

WTO Complaints against Chinese AD/CVD Measures

Two WTO complaints against Chinese AD/CVD measures seem to be going forward, as both the U.S. and EU have filed panel requests: (DS425) China - Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union (DS427) China - Anti-Dumping and Countervailing Duty Measures on Broiler Products
Simon Lester 13 Dec 2011 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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