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Krugman: "A countervailing duty on Chinese exports would be job-creating; a deal with South Korea, not."

From Paul Krugman: One thing I’m hearing, now that all hope of useful fiscal policy is gone, is the idea that trade can be a driver of recovery — that stuff like the South Korea trade agreement can serve as a form of macro policy. Um, no. ... There is a
Simon Lester 06 Dec 2010 1 min read

The Korea-U.S. FTA: We Have a Deal

As everyone has probably heard by now, U.S. and Korean negotiators were able to work out a deal on an FTA.  Reuters reports: The United States and South Korea have reached a deal on auto issues that have blocked congressional approval of a free trade agreement for three years,
Simon Lester 05 Dec 2010 4 min read

More on State Capitalism and Trade Rules

For those who were interested in Julia's post from last week, check out this EU argument in the EC - Fasteners case (the panel report was circulated on Friday): 7.86 ... the European Union maintains that in non-market economies, the State may be found to be the source
Simon Lester 05 Dec 2010 1 min read

Legalized Online Gambling in the Lame Duck?

No doubt Antigua, the complainant in the U.S. - Gambling dispute, would still like to have (legal) access to the U.S. online gambling market.  Will they get it?  From the AP: Senate Majority Leader Harry Reid is pushing behind the scenes for lame-duck legislation that would allow poker
Simon Lester 05 Dec 2010 1 min read

Australia - Apples: Some Appellate Body Statements on "Purpose"

Any time the Appellate Body says something about "purpose" (or "intent" or "aim" or "motive"), in whatever context, it's worth noting, because it may have broader implications.  This is from the Australia - Apples AB report, in the context of
Simon Lester 01 Dec 2010 3 min read

Australia - Apples: The SPS Agreement Standard of Review under Article 5.6

It appears that a WTO panel can be too deferential in applying its standard of review under the SPS Agreement.  This is from Monday's Australia - Apples AB report: 356. In considering further the Panel's approach to analyzing whether New Zealand's proposed alternative measures
Simon Lester 01 Dec 2010 1 min read

Report on the Third Participants' Oral Statements in the WTO Airbus Dispute

As mentioned the other day, Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva attended the public viewing in the WTO Airbus hearing.  Their summary of the third participants' oral statements is here: http://www.worldtradelaw.net/
Simon Lester 30 Nov 2010 1 min read

Expropriation Through Taxation?

From AFP: US-owned bottled water giant Fiji Water shut down operations in the military-ruled Pacific nation Monday, branding it "increasingly unstable" and a risky place to do business. Fiji Water president John Cochran condemned the government's decision last week to hike taxes on the mineral water
Simon Lester 30 Nov 2010 1 min read

Is there something wrong with this picture? (as painted by the Panel in US-AD/CVD)

I have finally finished reading the Panel report in DS379. What an amazing decision! The Panel has effectively declared the second largest economy in the world as a completely distorted one for the purpose of the SCM. The following are some key points of the decision, and their possible implications:
Julia Qin 29 Nov 2010 2 min read

Report on the EU and U.S. Oral Statements in the WTO Airbus Dispute

For those who couldn't make it to Geneva and view the Appellate Body oral hearing in the WTO Airbus dispute, you are in luck.  Malorie Schaus (malorie.schaus [at] graduateinstitute.ch) and Tobiasz Kaczor (tobiasz.kaczor [at] gmail.com) of the Graduate Institute in Geneva attended the public
Simon Lester 28 Nov 2010 1 min read

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Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

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