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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)
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
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

More on Donald Trump's Trade Policy

I'm not sure it's worth the effort to talk much more about Donald Trump's trade policy, but some of his recent statements raise an issue that applies beyond just his particular trade views.  The Wall Street Journal article noted in the last post says
Simon Lester 21 Apr 2011 2 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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