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The TBT Cases are Coming!

I've been saying this over and over, so I won't say it anymore.  Instead, I'll quote Hunter Nottage and Alejandro Sánchez of the ACWL, from a new Global Trade and Customs Journal article: The US-Tuna II report tackled a range of novel interpretative
Simon Lester 26 Jan 2012 1 min read

The Scope of "Technical Regulations" under the TBT Agreement

Recalling the discussion in two previous posts (here and here), I'm still trying to sort out what I think of the issue of whether the labelling measure in U.S. - Tuna II is a "technical regulation." The TBT Agreement defines "technical regulation" and "
Simon Lester 25 Jan 2012 2 min read

The Economist on State Capitalism

This week's Economist has a lot to say about state capitalism.  It made the cover of the magazine, and they have a big report on it, as well an overview here. I'm not sure what to make of it all.  On the one hand, they note
Simon Lester 25 Jan 2012 2 min read

The Past, Present and Future of Disputes over Aircraft Subsidies

From an article on the WTO Aircraft dispute, by law student Ron Kendler, in the Boston College International and Comparative Law Review (article starts on p. 253): As history shows, this is not the first time that the two parties come to the brink of a trade war over LCA:
Simon Lester 25 Jan 2012 1 min read

Ever Tougher Trade Talk

From last night's State of the Union speech by President Obama: I will go anywhere in the world to open new markets for American products.  And I will not stand by when our competitors don’t play by the rules.  We’ve brought trade cases against China at
Simon Lester 25 Jan 2012 1 min read

Republicans For Subsidies

Recalling some long ago discussions of prizes here on this blog, here is more from last night's GOP debate: MODERATOR Speaker Gingrich, would you put more tax dollars into the space race and commit to putting an American on Mars, instead of relying on the private sector? Well,
Simon Lester 24 Jan 2012 1 min read

Republicans Against Subsidies

From last night's Republican debate: MODERATOR Speaker Gingrich, in Iowa you were a big supporter of ethanol subsidies. Here in Florida, sugar is a very important industry, and it's subsidized, as well, with import restrictions, quotas. There's a conservative movement to do away with
Simon Lester 24 Jan 2012 1 min read

Geographical Indications Run Amok

From The Economist: LIKE champagne, tequila may be called tequila only if it comes from a specific region. Distillers in five of Mexico’s 31 states have the exclusive right to produce the famous firewater. Bottlers elsewhere must use alternative names, though their product is distilled in the same way
Simon Lester 24 Jan 2012 1 min read

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
Simon Lester 23 Jan 2012 1 min read

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