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The Tuna Appeal

From our Dispute Settlement Commentary (subscribers only) for the Tuna panel report (DS381), recall the panel's key findings: • Panel majority concluded that "the measures at issue establish labelling requirements, compliance with which is mandatory," and thus constitute "technical regulations" under TBT Agreement Annex 1.
Simon Lester 23 Jan 2012 4 min read

The AD/CVD Overlap for NMEs: From the Courts to Congress

Recall that the U.S. Court of Appeals for the Federal Circuit recently decided that the Department of Commerce (DOC) may not apply countervailing duties to non-market economy countries.  The FT reports that the effort to amend U.S. law so as to overrule this decision has begun: This week,
Simon Lester 23 Jan 2012 1 min read

Time to Crack Down on Anti-Dumping Abuses?

In a recent Harvard International Law Journal article, law prof Mark Wu argues that now is the time for the U.S. and EU to start reining in anti-dumping: For the United States and EU, if the current rules remain unchanged, then one day in the not-too-distant future, the net
Simon Lester 23 Jan 2012 1 min read

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editors of European Yearbook of International Economic Law (EYIEL) invite contributions from prospective authors with unpublished articles or working papers for EYIEL Volume 5 (2014) to be published at the end of 2013.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

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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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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