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Pamela Anderson on Transparency in the WTO Seal Products Dispute

Here's the text of a letter from actress Pamela Anderson to Canada's trade minister: Dear Mr. Van Loan, In light of the WTO's decision to formally hear and settle Canada's case over the ban on seal products by E.U. member countries,
Simon Lester 29 Mar 2011 1 min read

Multiple Permissible Interpretations under the Vienna Convention?

From the U.S. - Orange Juice (Brazil) panel report (DS382) circulated last Friday: 7.129 It is well established that the purpose of treaty interpretation through the use of the Vienna Convention is the identification of the common intention of the parties.  It follows that where the common intention
Simon Lester 29 Mar 2011 2 min read

GE Tax Breaks and the SCM Agreement

From the NY Times: General Electric, the nation’s largest corporation, had a very good year in 2010. The company reported worldwide profits of $14.2 billion, and said $5.1 billion of the total came from its operations in the United States. Its American tax bill? None. In fact,
Simon Lester 27 Mar 2011 1 min read

More on the Reinhardt Free Trade Debate

As noted here, Princeton economist Uwe Reinhardt seemed to want to start a debate on the merits of free trade vs. protectionism over at the NY Times economix blog.  In this regard, he wrote: But along with my Princeton colleague Alan S. Blinder, I do worry about what the dynamic
Simon Lester 27 Mar 2011 3 min read

More on "Public Body": Where do WTO Terms Come From?

Recall from this post that SCM Agreement Article 1.1(a)(1) refers to a "public body" in the context of defining "financial contribution": (a)(1) there is a financial contribution by a government or any public body within the territory of a Member (referred to
Simon Lester 25 Mar 2011 1 min read

The Appellate Body on the "Essence of Government"

In the U.S. - AD/CVD on Products from China (DS379) report, the Appellate Body dabbled in a bit of political philosophy: 290. ... In this vein, the Appellate Body found, in Canada – Dairy, that the essence of government is that it enjoys the effective power to regulate, control, or
Simon Lester 25 Mar 2011 1 min read

Trade in Everything: War-time Medical Care

Via the IPEZone, I came across this: At least 2,300 Filipino nurses have refused to be evacuated even after the United Nations approved military strikes against Libya. Acting [Filipino] Foreign Affairs Secretary Albert del Rosario said the nurses, 2,000 of whom are based in capital Tripoli and 383
Simon Lester 23 Mar 2011 1 min read

Trade and Public Health: Quinoa

From the NY Times: When NASA scientists were searching decades ago for an ideal food for long-term human space missions, they came across an Andean plant called quinoa. With an exceptional balance of amino acids, quinoa, they declared, is virtually unrivaled in the plant or animal kingdom for its life-sustaining
Simon Lester 23 Mar 2011 1 min read

The Appellate Body and the Meaning of "Public Body"

Every now and then, there is a fairly straightforward interpretive disagreement among the various participants and third participants in a dispute.  In this situation, panels and the Appellate Body generally have to pick a side.  They can't make everyone happy.  Unless, of course, they exercise judicial economy, but
Simon Lester 20 Mar 2011 4 min read

(No) Trade in Everything: Violent Video Games

Via a customslawblog tweet, I came across this: The Australian Customs and Border Protection Service has notified Gamespot that gamers in Australia are not even allowed to import the game. Usually Australian gamers would import a copy of a banned game overseas but in this case, it’s illegal and
Simon Lester 20 Mar 2011 1 min read

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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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