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Barriers to Trade in Legal Services

From today's Federal Register, here is a recent Section 302 petition to USTR: On March 14, 2011, Mr. Peter M. Haver filed a petition on his own behalf pursuant to Section 302 of the Trade Act addressed to acts, policies, and practices of the Government of Germany regarding
Simon Lester 04 May 2011 3 min read

Appellate Body Legal Officer Job

The Appellate Body is quite busy these days, with the Aircraft cases and various others.  Perhaps that explains why they are looking for some help: Vacancy Notice No.: EXT/F/11-15    Title: Legal Officer    Grade: 7    Contract Type: Fixed-term    Starting Salary: CHF 94,400 net per annum (approximate) Issued On:
Simon Lester 04 May 2011 2 min read

Todd Tucker on Prudential Measures

Todd has a long and detailed post on the negotiating history of the GATS prudential measures provision, which is in Article 2(a) of the GATS Annex on Financial Services.  He really dug deep on this one.  I'm not sure there's anything left to uncover. Here&
Simon Lester 01 May 2011 5 min read

Trade Agreements and Regulations on Plain Packaging of Tobacco Products

Australia and Korea seem to be working hard towards a free trade agreement: Australia and South Korea should seal a free trade agreement by the end of the year, after Julia Gillard and South Korean President Lee Myung-bak agreed yesterday to fast-track talks. ... Mr Lee hosted the Prime Minister in
Simon Lester 27 Apr 2011 2 min read

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

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

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