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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

GATT Article XX, Environmental Measures, and the SCM Agreement

Can GATT Article XX be invoked to justify emissions trading schemes that violate the SCM Agreement? This is from Ingrid Jegou and Luca Rubini in an ICTSD issues paper: Four aspects should be noted regarding the SCM Agreement. First, as noted above, this instrument is directly connected to the GATT
Simon Lester 29 Aug 2011 2 min read

Some WTO Members' Views on the AB's New Export Contingency Standard

From the June 1 DSB meeting, here are the views of Brazil, Canada and Australia -- three Members who have been involved in export subsidy cases -- on the Appellate Body's new export contingency standard, as set out in EC - Aircraft: Brazil 15. Turning to export subsidies,
Simon Lester 29 Aug 2011 5 min read

Some Very Old "Likeness" Arguments

I'll tell you how old at the end of the post. The issue was whether Russia hemp was a "like article" to Manila hemp, in the MFN context.  Here's one side of the argument: The turning point in the treaty will be found in
Simon Lester 25 Aug 2011 4 min read

More NAFTA Chapter 19 Zeroing

Last year, a NAFTA Chapter 19 panel found that zeroing violates U.S. law.  See this post for details.  The panel thus remanded the matter back to Commerce to re-calculate the dumping margins without zeroing. Commerce did take some action, but the respondents felt that it was insufficient, and went
Simon Lester 23 Aug 2011 3 min read

Domestic Content Requirements under the Ontario Feed-In Tariff

As reported last week, the EU has joined Japan in its WTO challenge to domestic content requirements in Ontario's feed-in tariff measure.  The EU consultations request is here. I wish I had more to say about the substance of this case.  It would help if I knew what
Simon Lester 18 Aug 2011 1 min read

Coals to Newcastle, Chopsticks to China?

From the Economist: ASK someone to write down all the differences between China and rural Georgia and his hand will fall off before he’s halfway done. So let us restrict ourselves to the vista: cranes, skyscrapers, spanking new rail networks and smog: China. Barbecue restaurants, red clay and trees:
Simon Lester 18 Aug 2011 1 min read

The International Economic Law of "Seasteading"

I stumbled across this very interesting news article: Pay Pal founder and early Facebook investor Peter Thiel has given $1.25 million to an initiative to create floating libertarian countries in international waters, according to a profile of the billionaire in Details magazine. Thiel has been a big backer of
Simon Lester 16 Aug 2011 2 min read

Seals vs. Sardines

From Namibia's statement at the DSB meeting where the Seal Products panel was established for the Norwegian compaint (DS401): 68. Namibia also wished to turn to some specific seals concerns, which highlighted the importance of trade in seal products for Namibia.  The seal population in Namibia had grown
Simon Lester 15 Aug 2011 1 min read

Call for Papers for International Arbitration Conference

The Institute for Transnational Arbitration has issued a call for papers for its First Annual Winter Forum, to be held February 2-3, 2012, in San Francisco: THE INSTITUTE FOR TRANSNATIONAL ARBITRATION 1st Annual Winter Forum SAN FRANCISCO, CALIFORNIA INTERCONTINENTAL MARK HOPKINS SAN FRANCISCO February 2-3, 2012 CALL FOR PAPERS In
Simon Lester 15 Aug 2011 2 min read

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

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