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Todd Tucker on the Clove Cigarettes Ruling

Not too surprisingly, Todd Tucker of Global Trade Watch is unhappy with the recent WTO panel ruling in the Clove Cigarettes case, where the panel found that a U.S. law which bans clove cigarettes while allowing menthol cigarettes violates the National Treatment obligation of the TBT Agreement.  In a
Simon Lester 08 Sep 2011 2 min read

Trade Talk in the GOP Debate: Huntsman's Response To Romney

From last night's GOP debate, here's a little trade talk that picks up on Mitt Romney's trade fight with China mentioned in the last post: Governor Huntsman, as you know, Governor Romney’s new economic plan calls for the U.S. government to officially
Simon Lester 08 Sep 2011 1 min read

Mitt Romney's "Reagan Economic Zone"

From a Mitt Romney op-ed in USA Today: Where President Obama left America's trade interests untended, I recognize the job-creating potential of international commerce. I will create the "Reagan Economic Zone," a partnership among countries committed to free enterprise and free trade. It will serve as
Simon Lester 06 Sep 2011 1 min read

The Other Appellate Body Position

Thanks to a commenter for reminding me that there is another Appellate Body position up for grabs: India and Pakistan are going to battle it hard for a vacancy for judge at the WTO's highest court for trade disputes- the Appellate Body-- after New Delhi nominated former trade
Simon Lester 05 Sep 2011 1 min read

The China - Raw Materials Notice of Appeal

... is here:  http://www.worldtradelaw.net/na/ds398-10(na).pdf  Here's one aspect I'll be watching closely: III. APPEAL OF THE PANEL'S FINDING THAT CHINA DOES NOT HAVE THE RIGHT TO INVOKE ARTICLE XX OF THE GATT 1994 IN DEFENSE OF A CLAIM UNDER
Simon Lester 05 Sep 2011 1 min read

Chinese Land Purchases: Not Just in Africa Anymore

From the FT: A Chinese tycoon plans to buy a vast tract of Icelandic land for a $100m tourism project which critics fear could give Beijing a strategic foothold in the North Atlantic. Huang Nubo, a real estate investor and former Chinese government official, has struck a provisional deal to
Simon Lester 05 Sep 2011 1 min read

The U.S. - Clove Cigarettes Panel Report

The Clove Cigarettes WTO panel report was circulated today.  The report is here: http://www.worldtradelaw.net/reports/wtopanels/us-clovecigarettes(panel).pdf  Here's a quick summary:  Panel found a violation of TBT 2.1, but no violation of TBT 2.2; it made no findings on GATT III:
Simon Lester 02 Sep 2011 2 min read

Jon Huntsman on Free Trade

Former Utah Governor Jon Huntsman, a candidate for the Republican nomination, is not doing very well in the polls.  However, he does get support from "serious" circles.  In a recent speech, he had the following to say in support of free trade and trade agreements: “As a former
Simon Lester 31 Aug 2011 4 min read

The U.S. Appellate Body Nominations: Graham and Greenwald

From the USTR press release (I added the links to their law firm profiles): United States Trade Representative Ron Kirk today nominated Thomas Graham and John Greenwald to serve as members of the World Trade Organization (WTO) Appellate Body. Graham and Greenwald are acknowledged leaders in the field of international
Simon Lester 31 Aug 2011 2 min read

More on Ontario's Feed in Tariffs

Having talked to some people, and read some things, and looked at an old blog post, I think I now see a few of the legal issues that could arise in relation to the Ontario feed in tariff WTO complaint brought by Japan and the EU against Canada. First, with
Simon Lester 31 Aug 2011 2 min read

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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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