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More on Clove Cigarettes and Youth Smoking

A couple months ago, I did a post about whether clove cigarettes encourage kids to try smoking, and said that this could be a key issue in the Clove Cigarettes WTO case.  It looks like the Panel in that case is thinking about this issue as well.  Here's
Simon Lester 06 Mar 2011 3 min read

More from the Cargill NAFTA Chapter 11 Award: Damages for "Upstream" Losses

Here's more from the Cargill NAFTA Chapter 11 Award: Conclusion of the Tribunal with respect to the Scope of Loss to Claimant to be Included in the Model: Whether Cargill, Inc.'s Loss of Sales to Cargill de Mexico is a Separate Export Loss or a Part
Simon Lester 03 Mar 2011 2 min read

Can Authorized Trade Retaliation Violate Investment Law Provisions?

A reader emailed expressing concern about the Cargill NAFTA Chapter 11 Award, in particular this part: 299. Reviewing closely the record of this case, the Tribunal finds ample support for the conclusion that the import permit was one of a series of measures expressly intended to injure United States HFCS
Simon Lester 01 Mar 2011 3 min read

Wisconsin and International Labor Law

I have not seen too much discussion of the international law features of Gov. Walker's proposal to end collective bargaining rights for state workers in Wisconsin.  The right to collective bargaining is one of the so-called "core labor rights" that the U.S. uses for GSP
Trachtman 27 Feb 2011 1 min read

National Treatment in the NAFTA Chapter 11 Cargill Award

The Cargill v. Mexico NAFTA Chapter 11 award is available here.  It was sent to the parties in September 2009, but it is just now being released publicly. In this post, I'm just going to make a quick point about the National Treatment analysis.  When I first started
Simon Lester 24 Feb 2011 2 min read

The Seal Products Dispute: Blocked for Now

The EU has blocked the first panel request in the WTO seal products dispute.  From Bloomberg: The European Union blocked Canadian efforts to have the World Trade Organization decide whether an EU ban on trade in seal products breaks global trade rules. The EU won’t be able to prevent
Simon Lester 24 Feb 2011 1 min read

Will the WTO Become Obsolete?

Writing in Newsweek, Daniel Altman argues that the future of free trade lies with bilateral and regional trade talks, and says "good riddance" to the WTO.  I think he elaborates on his views in this book, but I haven't read it yet so I'll
Simon Lester 21 Feb 2011 3 min read

More on Anti-Dumping Payments

Here's more on the issue of cash payments to settle anti-dumping cases, from a reader who wants to remain anonymous: The Wall Street Journal article has been picked up and commented on by others.  See, e.g., http://www.cato-at-liberty.org/tony-soprano-meets-the-antidumping-law/; http://www.furnituretoday.com/article/535913-Antidumping_
Simon Lester 21 Feb 2011 2 min read

Ontario's Dairy Restrictions under Canada's Agreement on Internal Trade

Sometimes when you just can't get enough international trade law, you have to look to domestic trade law.  I've talked about the U.S. dormant commerce clause jurisprudence before.  Now I see an opportunity to move North, with some discussion of the Canadian Agreement on Internal
Simon Lester 20 Feb 2011 7 min read

The Seal Products Panel Requests

There are two of them, one for the DS369 dispute and one for the DS400 dispute.  These were both brought by Canada; no word yet on whether Norway will be making a panel request to follow its consultations request in DS401. DS369 deals with consultations from 2007, relating to Belgian
Simon Lester 16 Feb 2011 2 min read

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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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