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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

More on Thai Liquor Labeling

As mentioned here, a number of WTO Members recently raised concerns in the TBT Committee regarding Thai liquor labeling measures: Alcohol companies world-wide are lining up to fight a Thai plan to require graphic warning labels about alcohol on the country's domestic and imported beer, wine and liquor
Simon Lester 28 Nov 2010 9 min read

Non-Discrimination Standards: More on Discriminatory Effect and Individual Products

This is from the EU first written submission in the Philippines - Distilled Spirits case (DS396 for the EC case, DS403 for the parallel U.S. complaint): 105. In the light of the above, it is useful to recall once again that the vast majority of imported products are subject
Simon Lester 24 Nov 2010 2 min read

Pascal Lamy on Macroeconomic Imbalances

From a recent speech: The stimulus worked: Coordinated fiscal and monetary stimulus has worked to bring back the global economy from the edge of a depression. But unemployment is still a problem, and this is at the heart of the "imbalances" issue: What lies behind concerns about macro-economic
Simon Lester 24 Nov 2010 2 min read

Trade in Everything: Electronic Waste

From CBS News: Up to 1.2 million second-hand TVs, refrigerators, washing machines, and air conditioners were estimated to have entered the Philippines between 2001 and 2005, and according to a study by Japan International Cooperation Agency and the Philippine Board of Investment, 60-70 percent of it all came from
Simon Lester 24 Nov 2010 2 min read

Google Paper on Free Trade and the Internet

Last week, Google posted a paper entitled "Enabling Trade in the Era of Information Technologies: Breaking Down Barriers to the Free Flow of Information."  There's a Technical Appendix (p. 17 of the document) called "Applicability of the WTO rules to restrictions on free flow of
Simon Lester 23 Nov 2010 4 min read

Do Kids Smoke Clove Cigarettes?

This may be a key issue in the U.S. - Clove Cigarettes case (DS406).  (See this link for some past posts on the case).  Briefly, the case is about whether the U.S. ban on clove cigarettes (produced mainly in Indonesia), but not menthol cigarettes (produced mainly in the
Simon Lester 21 Nov 2010 2 min read

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

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