As I've mentioned before, investor-state provisions in the KORUS FTA remain controversial.  But it seems that investor-state is not a problem in other contexts: Five years of negotiations on a bilateral investment treaty among Korea, China and Japan will be concluded at the 13th round of

USTR is looking for someone to head up its trade litigation: Job Title:Assistant US Trade Representative for Monitoring and Enforcement Department:Executive Office Of The President Job Announcement Number:USTR-12-07-ES-KJ SALARY RANGE: $119,554.00 to $165,300.00 / Per Year OPEN PERIOD: Monday, February

Here's the text of H.R. 4071, a proposed bill that would overturn the GPX decision and allow the Department of Commerce to apply CVDs to NME countries: To amend title VII of the Tariff Act of 1930 to provide that the provisions relating to countervailing duties apply

Following-up on Rob's last post, on a possible WTO complaint by Canada relating to an EU regulation on "dirty" oil, here is an op-ed on the same issue from Canadian lawyer Lawrence Herman: There’s a fundamental WTO legal issue at stake [here]. It

Canada never ceases to think of the WTO as the last resort for defending some of the worst aspects of its public policies. Usually, Europeans are the target.  There was asbestos, then more recently, seals and now they are rattling the WTO sabres about the oilsands.  The EU is considering

Since I found out about it recently, it has seemed to me that there is not enough commentary, blogging, scholarship, etc. about Canada's Agreement on Internal Trade.  Maybe there's lots of it, and I'm just not looking in the right places, but I haven&

Lawrence Friedman explains the CIT's latest decision in a case involving different tariff rates for men's and women's gloves: Once the Court reached the conclusion that the tariff is not facially discriminatory, the burden on the plaintiff is much higher. Simply showing that the

From the fact sheet on President Obama's "blueprint to support American manufacturing jobs, discourage outsourcing, and encourage insourcing": Targeting the domestic production incentive on manufacturers who create jobs here at home and doubling the deduction for advanced manufacturing (revenue neutral): In conjunction with the President’s

On SSRN, Professor Leon Trakman looks at Australia's recent policy change on investor-state dispute settlement, and asks, "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?"  From his conclusion: The most profound risk to the institution of investor-state arbitration is one

From the DOC final rule, issued last week, that addresses zeroing: Several parties request clarification as to which circumstances would trigger the use of an alternative comparison methodology, and whether zeroing would be used in the alternative calculation methodology. These commentators also encourage the Department to narrowly tailor the circumstances