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China's Appeal in the U.S. - AD/CVD on Chinese Products Dispute

China's appeal in the U.S. - AD/CVD on Chinese Products (DS379) dispute is here: http://www.worldtradelaw.net/na/ds379-6(na).pdf  Some key issues in the appeal: Double Remedies This is the one I blogged about here. (In the comments on that post, I mentioned
Simon Lester 06 Dec 2010 3 min read

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

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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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