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The Scope of the MFN Standard

When it comes to non-discrimination, National Treatment gets most of the attention.  But MFN can be interesting, too.  Here's a passage from the U.S. third participant submission in the EC - Fasteners appeal: 24. A number of WTO rules explicitly recognize that, in the context of AD
Simon Lester 27 Apr 2011 1 min read

The Latest on the Seals Dispute

From last week's DSB meeting, where the panel for Norway's complaint was established: Norway said it was of the firm view that the EU seal regime was inconsistent with WTO rules. The EU believed that the WTO was not an appropriate forum to discuss Norway’s
Simon Lester 26 Apr 2011 1 min read

New Appellate Body Members Needed

From last week's DSB meeting: The DSB chair, Ambassador Johansen (Norway), announced that the first term of two Appellate Body members, Ms Jennifer Hillman and Ms Lilia Bautista will expire on 10 December 2011. Under article 17.2 of the DSU, Appellate Body members are appointed by the
Simon Lester 26 Apr 2011 1 min read

What Remand Might Look Like in WTO Dispute Settlement

From the draft negotiating text on dispute settlement (Word doc), released last Thursday by the WTO, here's the section on remand: 17.12(b)           Where the Appellate Body finds that there is not a sufficient factual basis to complete the analysis with respect to certain issues, it shall
Simon Lester 24 Apr 2011 1 min read

The Impact of Exchange Rates on Trade

From Canada's Financial Post: ... The data is clear that Canadian consumers can save major bucks if they head south of the border to buy their goods. A Bank of Montreal study released this month looked at a basket of goods and found on average Canadians were spending 20%
Simon Lester 24 Apr 2011 1 min read

Is the WTO Gambling Dispute Back?

For selfish reasons, I kind of hope so.  It was a lot of fun to watch, and I've missed it the past couple years.  This Reuters article suggests it may be on its way back: The United States violated global trade law by shutting down Internet gambling sites
Simon Lester 21 Apr 2011 1 min read

More on Donald Trump's Trade Policy

I'm not sure it's worth the effort to talk much more about Donald Trump's trade policy, but some of his recent statements raise an issue that applies beyond just his particular trade views.  The Wall Street Journal article noted in the last post says
Simon Lester 21 Apr 2011 2 min read

Donald Trump as U.S. Trade Rep

Dan Drezner critiques Donald Trump's views on trade policy and Iraq: From the Wall Street Journal: As for foreign policy, Mr. Trump said he is "only interested in Libya if we take the oil," and that if he were President, "I would not leave Iraq
Simon Lester 18 Apr 2011 1 min read

More on the New Zeroing

As discussed in a number of posts on this blog, "zeroing" is under attack in various ways at the WTO and in domestic courts.  But even if these attacks succeed, as noted here "targeted dumping" may become the new way to use "zeroing" as
Simon Lester 18 Apr 2011 1 min read

Australia, the TPP and Investor-State

As noted in the last post, Australia has announced that it no longer wants any part of investor-state dispute settlement.  This is not a total surprise, of course, given its past opposition to investor-state in the U.S.-Australia FTA.  Nonetheless, such a strong and formal renouncement of investor-state is
Simon Lester 17 Apr 2011 1 min read

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International Economic Law and Policy Blog

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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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