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Grand River Enterprises Update

I talked about the non-discrimination aspects of the Grand River Enterprises NAFTA Chapter 11 dispute here, here and here.  Based on the arguments made by the parties, I was hopeful that the decision would have something interesting to say about these issues.  Alas, it was not to be.  The decision
Simon Lester 16 Feb 2011 1 min read

Cash Payments to Petitioners to Avoid Higher Anti-Dumping Duties

Via a tradelawnews tweet, I came across this WSJ article: Some U.S. furniture makers and their lawyers have found a reliable way to extract cash from Chinese competitors deemed by U.S. officials to have "dumped" their products in the U.S., selling them at unfairly low
Simon Lester 15 Feb 2011 2 min read

More on Banning Plastic Bags

In the comments, Chris Wold, a law prof at Lewis and Clark law school in Oregon who specializes in trade and environment issues, adds some details about the proposed ban on plastic bags in Oregon: the bill may look discriminatory to a panel: no plastic bags are made in Oregon
Simon Lester 15 Feb 2011 1 min read

IEL Essay Prizes

From the SIEL: A prize has been established by the Society of International Economic Law and Cambridge University Press for the best essay submitted on any topic in any field of international economic law. The competition is open to current students and those who have graduated within the last five
Simon Lester 15 Feb 2011 1 min read

Uranium Subsidies?

From The Economist: ONE might not have too much sympathy for fossil fuel companies, currently enjoying all the benefits of high coal and oil prices. But they are crying foul in their competition with an (admittedly undersized) non-hydrocarbon fuel—uranium. According to America’s mining act of 1872, framed at
Simon Lester 13 Feb 2011 2 min read

WTO Dispute Settlement 2010: Cases and Developments

If you'll be in Geneva on March 8, you may want to attend this: Fourth Annual Update on WTO Dispute Settlement  A Presentation and Debate on Cases & Developments in WTO Dispute Settlement during 2010 Tuesday, 8th March 2011  I  17.00 to 19.00   Background   At the
Simon Lester 13 Feb 2011 3 min read

A Panel Request in the Seal Products Case

Reuters reports that Canada is requesting a panel in the Seal Products WTO case (DS400): Canada asked the World Trade Organization on Friday to set up a panel to resolve its dispute with the European Union over the EU's ban on trade in seal products, Fisheries Minister Gail
Simon Lester 11 Feb 2011 1 min read

Environmental Policy Making Through the Tariff Schedule

Frequent commenter Charles Benoit has an article coming out in the Georgetown Journal of International Law entitled "Picking Tariff Winners: Non-Product Related PPMs and DSB Interpretations of “Unconditionally within Article I:1."  The SSRN version is here.  Here's the abstract: This paper proposes how WTO Members
Simon Lester 09 Feb 2011 2 min read

Implementing Australia - Apples

Australia and New Zealand have agreed (Word doc) on a period of 9 months (from DSB adoption) for implementing the Australia - Apples findings, with the period ending on August 17, 2011.  Here's something from their agreement: The agreed period of time for implementation will allow Australia to
Simon Lester 09 Feb 2011 1 min read

International Courts Asking Governments To Help With Interpretation

Speaking of New Zealand and investor-state dispute settlement, in the last post, NZ Prime Minister John Key mentioned the China - NZ FTA, so I looked it up.  While skimming through the investor-state provisions, I came accross something I had not seen before: Article 155 Interpretation of Agreement 1. The
Simon Lester 07 Feb 2011 1 min read

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International Economic Law and Policy Blog

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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