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Legalizing (Some) Online Gambling in the U.S.

From the NY Times: The Justice Department has reversed its long-held opposition to many forms of Internet gambling, removing a big legal obstacle for states that want to sanction online gambling to help fix their budget deficits. Although the opinion dealt specifically with lottery tickets, it opened the door
Simon Lester 26 Dec 2011 1 min read

Appellate Body: Likeness is about Competitiveness

From today's Philippines - Spirits decision: 119. While in the determination of "likeness" a panel may logically start from the physical characteristics of the products, none of the criteria that a panel considers necessarily has an overarching role in the determination of "likeness" under Article
Simon Lester 21 Dec 2011 1 min read

More on the End of China's NME Status

Christian Tietje and Karsten Nowrot have posted a short policy paper discussing the legal issues surrounding the treatment of China as an NME.  Here's an excerpt: In light of these findings, it thus appears – at least from a theoretical legal perspective – in principle very well admissible that some
Simon Lester 21 Dec 2011 1 min read

The Russian Seal Fur Ban

From The Globe and Mail: Russia and two of its neighbours have informed the World Trade Organization that they are banning the import and export of harp seal pelts – a move that animal-rights activists are celebrating as the death knell of Canada’s commercial seal industry. Russia has been
Simon Lester 20 Dec 2011 1 min read

Scott Lincicome on the CAFC GPX Decision

In addition to explaining the history of the case and the issue in general, Scott comments on the impact of yesterday's GPX decision: So what happens to all of these CVD orders and investigations?  Well, it seems somewhat likely that Commerce and/or the domestic industry will appeal
Simon Lester 20 Dec 2011 2 min read

Countervailing Duties and NMEs under U.S. Law

From the GPX opinion by the U.S. Court of Appeals for the Federal Circuit, released today: In this consolidated countervailing duty case, the U.S. Court of International Trade (“Trade Court”) ordered the U.S. Department of Commerce (“Commerce”) not to impose countervailing duties on goods from China, a
Simon Lester 19 Dec 2011 1 min read

Gambling Dispute Update

From a statement (Word doc) by Antigua at the Ministerial Conference plenary session: The question of dispute settlement brings me to an issue that, along with the case of cotton, highlights inappropriate dispute settlement results at the WTO that have the potential to undermine the credibility of the organization. Antigua
Simon Lester 19 Dec 2011 2 min read

A “panel of multi-stakeholders of the WTO”

From WTO DG Pascal Lamy's opening statement at the Ministerial Conference: ... We also need to look at the real drivers of today’s and tomorrow’s world trade, at today’s and tomorrow’s obstacles to trade, at today’s and tomorrow’s trade patterns, at how to
Simon Lester 16 Dec 2011 1 min read

WTO Rules and the Role of the State in the Economy

From a statement (Word doc) by Bolivia, Cuba, Ecuador, Nicaragua and Venezuela at the WTO Ministerial: 5.    Trade is a tool and not an end in itself.  The Preamble to the Marrakesh Agreement Establishing the World Trade Organization, which lays down the general objectives of the multilateral trading system, confirms
Simon Lester 16 Dec 2011 1 min read

The EC - Aircraft Article 21.5 Complaint

is here: http://www.worldtradelaw.net/cr/ds316-19(cr).pdf Here's the key part: On 1 December 2011, the EU transmitted a document ("EU Notification") to the United States purporting to explain how the EU has complied with the recommendations and rulings of the DSB.
Simon Lester 14 Dec 2011 2 min read

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