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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 supervise
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
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

More on Menthol Cigarettes

Recall that one of the issues in the WTO Clove Cigarettes case is whether clove cigarettes and/or menthol cigarettes act as "starter" cigarettes.  The advisory panel report to the FDA on menthol cigarettes, mentioned in the last post, may be relevant to this issue: Adolescents 12 to
Simon Lester 20 Mar 2011 1 min read

The Health Risks of Menthol Cigarettes

For those of you following the WTO Clove Cigarettes dispute, this will no doubt be of interest and could be discussed in the panel proceedings: Removing menthol cigarettes from sale in the U.S. would benefit public health, members of an advisory panel said in a report that urged more
Simon Lester 18 Mar 2011 1 min read

Norway's EC - Seal Products Panel Request

Norway's panel request in the EC - Seal products case is here.  From the request: The EU seal regime imposes a general prohibition on the importation and sale of processed and unprocessed seal products in the EU, thereby depriving Norway of access to a significant market for its exports
Simon Lester 16 Mar 2011 1 min read

Multilateralizing Bilateral and Regional FTAs

Here's a tweet from Reuters reporter Doug Palmer, who was covering a speech by WTO DDG Rufus Yerxa: Yerxa says post-Doha the WTO focus should be on multilateralizing the large number of bilateral FTAs I think there are a lot of people (myself included) who would like
Simon Lester 16 Mar 2011 1 min read

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Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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