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Multiple Permissible Interpretations under the Vienna Convention?

From the U.S. - Orange Juice (Brazil) panel report (DS382) circulated last Friday: 7.129 It is well established that the purpose of treaty interpretation through the use of the Vienna Convention is the identification of the common intention of the parties.  It follows that where the common intention of
Simon Lester 29 Mar 2011 2 min read

GE Tax Breaks and the SCM Agreement

From the NY Times: General Electric, the nation’s largest corporation, had a very good year in 2010. The company reported worldwide profits of $14.2 billion, and said $5.1 billion of the total came from its operations in the United States. Its American tax bill? None. In fact,
Simon Lester 27 Mar 2011 1 min read

More on the Reinhardt Free Trade Debate

As noted here, Princeton economist Uwe Reinhardt seemed to want to start a debate on the merits of free trade vs. protectionism over at the NY Times economix blog.  In this regard, he wrote: But along with my Princeton colleague Alan S. Blinder, I do worry about what the dynamic
Simon Lester 27 Mar 2011 3 min read

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

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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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