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Less Favorable Treatment in the Clove Cigarettes Case

There are some good non-discrimination cases going on right now in WTO dispute settlement (including the Philippines - Spirits case mentioned here).  For DSC subscribers, here is a run-down we did of the U.S. position on GATT Article III:4 less favorable treatment issues in the U.S. -
Simon Lester 12 Dec 2010 2 min read

Investor-State in the CETA

Including investor-state in the Comprehensive Economic and Trade Agreement between Canada and the EU would, in my view, be a big deal in a number of ways (including the number of investments covered): A controversial NAFTA provision that allows corporations to seek compensation from governments is likely to be included
Simon Lester 12 Dec 2010 1 min read

The KORUS FTA U.S. Auto Quota and GATT Article XXIV

This is from the White House fact sheet on the KORUS FTA: Automotive Safety Standards:  Safety standards have effectively operated as a non-tariff barrier to U.S. auto exports.  The 2010 supplemental agreement announced today allows for 25,000 cars per U.S. automaker – or almost four times the number
Simon Lester 10 Dec 2010 5 min read

Investor-State, the TPP, and the Philip Morris BIT Claim

Is the BIT investment claim by Philip Morris against Uruguay going to make it difficult to get investor-state in the TPP? From an NZ online publication: The Greens have stepped up their attack on a planned trans-Pacific free trade zone after tobacco giant Philip Morris called for the right to
Simon Lester 10 Dec 2010 2 min read

Could an FTA Hurt Imports?

I'm not sure I understand this article from the Philadelphia Inquirer: The 150,000 shiny new Hyundai and Kia cars expected to arrive annually through the Port of Philadelphia will not be hurt by a proposed free-trade agreement between the Obama administration and South Korea, officials said. Since
Simon Lester 10 Dec 2010 1 min read

Expanding Investor-State?

Investor-state dispute settlement has been heavily criticized by many people who are opposed to international trade and investment rules generally.  Would making this kind of dispute settlement available to entities other than "investors" make it more palatable to the critics?  This is from an article in Slate: One
Simon Lester 09 Dec 2010 1 min read

House Ways and Meaning Hearing on Investment Protection

Congressional committee hearings are often interesting, but they are difficult to blog about.  The Q & A is the best part, but an official transcript -- which is much more blog-friendly than typing things up as they go along -- doesn't come out for a while.  So, that&
Simon Lester 09 Dec 2010 6 min read

The End of Anti-Dumping in Brazil

Just temporarily, I assume: Brazil froze all investigations of dumping practices by other countries after a presidential decree in October prohibited the tax agency from sharing information, Trade Minister Miguel Jorge said. About 70 probes cannot be completed without data such as the amount of goods imported and the price
Simon Lester 08 Dec 2010 1 min read

LSE post in International Economic Law

For those who don't receive these things via the normal channels, it might be helpful to circulate this announcement of an additional post in International Economic Law via this blog. With thanks to Simon for the service - http://www.jobs.ac.uk/job/ABZ348/lectureships-in-law/ Lectureships in
Andrew Lang 08 Dec 2010 1 min read

More on Krugman's Job-Creating CVDs

Some further thoughts on Paul Krugman's suggestion that "[a] countervailing duty on Chinese exports would be job-creating." First off, I don't think he had in mind countervailing duties imposed pursuant to the Tariff Act of 1930.  I think he just meant "slap a
Simon Lester 07 Dec 2010 2 min read

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Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

Comparing the Forced Labor Provisions in the New U.S. Trade Deals

Continuing my multi-part blog posting series on comparing provisions in the Trump administration trade agreements, let's look now at the provisions that try to induce U.S. trading partners to take action against imports made with forced labor.
20 Feb 2026 4 min read

AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 4 min read

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