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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, and in particular
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
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
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
Simon Lester 15 Aug 2011 2 min read

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International Economic Law and Policy Blog

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Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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