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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

The Health Risks of Menthol Cigarettes

For those of you following the WTO Clove Cigarettes dispute, this will no doubt be of interest and could be discussed in the panel proceedings: Removing menthol cigarettes from sale in the U.S. would benefit public health, members of an advisory panel said in a report that urged more
Simon Lester 18 Mar 2011 1 min read

Norway's EC - Seal Products Panel Request

Norway's panel request in the EC - Seal products case is here.  From the request: The EU seal regime imposes a general prohibition on the importation and sale of processed and unprocessed seal products in the EU, thereby depriving Norway of access to a significant market for its exports
Simon Lester 16 Mar 2011 1 min read

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What Does the Blue Wave Mean for U.S. Trade Policy?

Tariffs and trade policy were one element that played a role in last night's result. So what impact will Democratic control of Congress have on the administration's trade policy going forward?
04 Nov 2026 4 min read

A Proposal To Expand Judicial Review over Section 232 and 301 Tariffs

For many people in Washington these days, having U.S. trade actions judged by international tribunals on their consistency with trade agreements is controversial. But what if that judgment of consistency could be done by US courts instead?
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What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
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Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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