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Precluding the Wrongfulness of Countermeasures

With my usual disclaimer about how little I know about international law generally, reading over the "countermeasures" part of the Cargill NAFTA Chapter 11 Award, I was struck by the strange wording that is used to describe the concept.  Here's a passage from the Award: 382.
Simon Lester 10 Mar 2011 1 min read

Blast from the Past: U.S. BOP Restraints

Speaking of unilateral tariffs, like the kind proposed by Ian Fletcher as mentioned in the last post, writing in the NY Times last September Alan Tonelson and Kevin Kearns had this to say: America needs more sweeping and proactive tariffs on foreign goods and services that compete directly with existing
Simon Lester 10 Mar 2011 6 min read

Is There a Resurgence of Protectionist Thinking?

Are we seeing a resurgence of protectionist thinking?  Via Todd Tucker, here is Princeton economist Uwe Reinhardt criticizing the economic arguments for free trade: ... economists view the world as a giant cattle farm to be managed in ways that maximize the collective weight of the cattle, totally in abstraction from
Simon Lester 08 Mar 2011 2 min read

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

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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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