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More on Anti-Dumping Payments

Here's more on the issue of cash payments to settle anti-dumping cases, from a reader who wants to remain anonymous: The Wall Street Journal article has been picked up and commented on by others.  See, e.g., http://www.cato-at-liberty.org/tony-soprano-meets-the-antidumping-law/; http://www.furnituretoday.com/article/535913-Antidumping_
Simon Lester 21 Feb 2011 2 min read

Ontario's Dairy Restrictions under Canada's Agreement on Internal Trade

Sometimes when you just can't get enough international trade law, you have to look to domestic trade law.  I've talked about the U.S. dormant commerce clause jurisprudence before.  Now I see an opportunity to move North, with some discussion of the Canadian Agreement on Internal
Simon Lester 20 Feb 2011 7 min read

The Seal Products Panel Requests

There are two of them, one for the DS369 dispute and one for the DS400 dispute.  These were both brought by Canada; no word yet on whether Norway will be making a panel request to follow its consultations request in DS401. DS369 deals with consultations from 2007, relating to Belgian
Simon Lester 16 Feb 2011 2 min read

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

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International Economic Law and Policy Blog

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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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