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More on Australian Plain Packaging and TRIPS

From a recent TRIPS Council meeting: Australia’s plain packaging bill for tobacco products The bill, first discussed in the last meeting, has passed the lower house and is now in the Senate, Australia reported. It is part Australia’s anti-smoking campaign. (See also this Australian government web page,
Simon Lester 27 Oct 2011 1 min read

Server Farm Subsidies

From the AP: Facebook will build a new server farm on the edge of the Arctic Circle — its first outside the U.S. — that will improve performance for European users of the social networking site, officials said Thursday. ... Facebook didn't give the price of its investment, but Lulea
Simon Lester 27 Oct 2011 1 min read

TPP's Regulatory Coherence Chapter

I feel like much of the talk about the Trans Pacific Partnership (TPP) relates to IP and health issues.  More interesting to me is the proposed (and recently leaked) "regulatory coherence" chapter.  Here's an excerpt: 1. Through its national coordinating body, process or mechanism, each Party,
Simon Lester 25 Oct 2011 1 min read

Section 337 and Extraterritoriality

From customs law blogger Larry Friedman, here is a brief summary of an interesting Section 337 case, Tianrui Group v. International Trade Commission: The underlying issue in this case is interesting for two reasons. First, it relates to trade secrets. Second, it relates to activity occurring entirely in China. The
Simon Lester 25 Oct 2011 2 min read

The Interpretative Use of Object and Purpose in TRIPS Cases

A guest post from Henning Grosse Ruse - Khan: "The TRIPS Agreement is probably the only WTO Agreement which contains explicit textual expression of its object and purpose in its Articles 7 and 8. At the same time, it has a lot of provisions with (constructive) ambiguities where a treaty
Simon Lester 23 Oct 2011 1 min read

More on the SolarWorld AC/CVD Complaint

Following up on the last post, I was curious about the reference to "WTO-legal subsidies and WTO-illegal subsidies."  So I asked the SolarWorld people the following question: In what way are the Chinese subsidies "WTO-illegal"? Does that mean that they  violate the SCM
Simon Lester 23 Oct 2011 1 min read

More on Responses to Foreign Subsidies

Yesterday brought news of an AC/CVD petition in the U.S. in relation to imports of Chinese solar panels.  Here's the FT: A coalition of US solar panel manufacturers asked on Wednesday for retaliatory tariffs on imports of panels from China, the first such case filed in
Simon Lester 20 Oct 2011 2 min read

“Do Subsidies Justify Retaliatory Protectionism?”

From economist Don Boudreaux: As an empirical matter ... the costs of subsidies are borne chiefly by citizens of the country whose government uses subsidies while the benefit of subsidies is enjoyed overwhelmingly by that country’s trading partners. Still – because trade makes markets less and less national and more and
Simon Lester 19 Oct 2011 3 min read

Call for Papers: Australian and New Zealand Society of International Law

Call  for Papers: March 2012 Symposium, International Economic Law Interest Group,  Australian and New Zealand Society of International  Law Following  the success of its inaugural symposium in February  2011,  the International Economic Law Interest Group of the Australian and New Zealand  Society of International Law (ANZSIL) is holding a research
Simon Lester 16 Oct 2011 1 min read

Romney vs. Huntsman on Trade

From Tuesday's GOP debate: ROSE: ... We also know here that there has been a paradigm shift in the world economic order. We know about China and we know about India. Here is our next clip and we will respond from that. Here it is. (BEGIN VIDEO CLIP) ROMNEY:
Simon Lester 13 Oct 2011 3 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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