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More on GATT Article XX and Non-GATT Agreements

This is from an article by Christopher Tran, an LLB student at Melbourne Law School: The applicability of GATT, Art XX beyond the GATT itself has previously been left open in two panel reports. More recently, in China – Audiovisual Products, the Appellate Body held that GATT, Art XX could be
Simon Lester 14 Sep 2010 3 min read

GATT Article XX and Natural Resource Sovereignty

Here's another GATT Article XX issue in the China - Exportation of Raw Materials case:  the role of "sovereignty" in interpreting Article XX.  With the caveat that this is just the complainants' characterization of China's argument, and I haven't seen China&
Simon Lester 13 Sep 2010 1 min read

GATT Article XX and Non-GATT Agreements

A couple months ago, I mentioned that the China - Exportation of Raw Materials dispute was getting underway, and that I would come back to the dispute when GATT Article XX came up.  USTR recently posted the complainants' oral statement in the case on its web site, and it
Simon Lester 13 Sep 2010 3 min read

Do Trade Deficits Affect Economic Growth?

This is from Marginal Revolution: FYI, a loyal MR reader and commentator, writes to me: I would like to suggest a topic for your blog: the way imports are used in the GDP calculation. To me it makes no sense that we would decrease our GDP every time something is
Simon Lester 13 Sep 2010 1 min read

The Clean Energy Subsidy Wars Begin

When I saw this NY Times article the other day, I thought, it's just a matter of time before there are some big trade cases on clean energy subsidies: Until very recently, Hunan Province was known mainly for lip-searing spicy food, smoggy cities and destitute pig farmers. Mao
Simon Lester 10 Sep 2010 3 min read

When Governments Discriminate Against Domestic Products

From the Washington Post: The last major GE factory making ordinary incandescent light bulbs in the United States is closing this month, marking a small, sad exit for a product and company that can trace their roots to Thomas Alva Edison's innovations in the 1870s. "Now what&
Simon Lester 10 Sep 2010 1 min read

Dani Rodrik: Chinese Currency Polices are Bad for Poor Countries

Dani Rodrik says: ... China’s currency policies not only undercut the competitiveness of African and other poor regions’ industries; they also undermine those regions’ fundamental growth engines. What poor nations get out of Chinese mercantilism is, at best, temporary growth of the wrong kind. So Chinese mercantilism is, on balance,
Simon Lester 10 Sep 2010 1 min read

"Best Treatment," "Individual" Claims and the "Class of One"

I've mentioned before (most recently, here) that I'm skeptical of applying a "best treatment" / "individual comparison" standard to non-discrimination in the IEL context (I'm more concerned with WTO rules than with investment treaties, but my views apply to the latter
Simon Lester 07 Sep 2010 7 min read

UNCTAD World Investment Forum

Streaming live from China: UNCTAD is having a day specifically focusing on International Investment Agreements (IIAs) - http://unctad-worldinvestmentforum.org/page/about_wif.  Starting 10am Bejing time on Tuesday morning (10pm DC time on Monday evening), UNCTAD will be doing a live stream of the IIA conference as well as
Simon Lester 07 Sep 2010 1 min read

Price Controls and GATT Article III

From Reuters: Kenya's President Mwai Kibaki has refused to pass into law a bill that would have returned the country to fixing essential food and fuel prices, a policy abandoned in the 1990s in favour of economic liberalisation. In June, Kenya's parliament passed a bill with
Simon Lester 03 Sep 2010 1 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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