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International Law as "Conceptual Guidance"

As most of this blog's readers are aware, there is an ongoing debate about the role of international law in WTO dispute settlement.  Perhaps adding to that discussion, this is from yesterday's WTO panel report in U.S. - AD/CVD on Products from China (DS379): 8.
Simon Lester 23 Oct 2010 2 min read

Concurrent AD/CVD in the WTO Panel on U.S. - AD/CVD on Products from China

In November of last year, I said this about the issue of concurrent anti-dumping/countervailing duties: GATT Article VI:5 provides: "No product of the territory of any Member imported into the territory of any other Member shall be subject to both anti-dumping and countervailing duties to
Simon Lester 22 Oct 2010 2 min read

Zeroing and Prospective Normal Value Systems

This is from the U.S. opening statement at the second panel meeting in U.S. - AD Measures on Orange Juice (DS382): Brazil’s Arguments Are Inconsistent with Both the Concept of, and Its Own Application of, a Prospective Normal Value System 13. The United States has demonstrated that the
Simon Lester 21 Oct 2010 3 min read

Zeroing and the Role of WTO Precedent

One of the interesting things about the zeroing cases (some might say more interesting than the issue of zeroing itself) is how the existence of many, many prior panel/Appellate Body reports addressing zeroing leads to discussions of the role of precedent in WTO law.  This is from the U.
Simon Lester 21 Oct 2010 1 min read

Prohibitions on Labeling under Trade Rules

Most trade law discussions of labeling relate to whether labeling is a possible alternative to a ban or similar strict prohibition on a product, or whether the labeling itself is too trade restrictive.  But what would trade rules have to say when there is a government ban on labeling: The
Simon Lester 20 Oct 2010 1 min read

Pascal Lamy and Designations of Origin

From a recent speech: In the 19th Century, when Ricardo developed what was to become the foundations of international trade theory, countries exported what they produced. In fact, the industrial revolution took root in countries that had coal mines and iron ore. A Portuguese entrepreneur importing a steam engine from
Simon Lester 20 Oct 2010 2 min read

Mobil v. Canada: The Scope of Fair and Equitable Treatment

Via a Luke Peterson tweet, I see that the Mobil v. Canada ICSID hearing will be going on this week, starting tomorrow (Tuesday), and is open to the public.  No webcasting as far as I can tell, unfortunately.  You have to make your way down there. One issue that is
Simon Lester 18 Oct 2010 1 min read

Krugman on Quantitative Easing and Currencies

He seems to take the same "aim and effect" (as Julia referred to it) approach to the issue that I do: In various comments and other places I keep seeing people compare European complaints about the weak dollar to American complaints about the undervalued renminbi. It’s a
Simon Lester 18 Oct 2010 1 min read

The U.S. Investigation of China's Clean Energy Subsidies

Reuters reports: China on Saturday hit back at U.S. government action to investigate a labour union's charges that it subsidises its green technology producers, saying the move sends a wrong signal on trade protectionism. The U.S. probe will look into whether Chinese support for its clean
Simon Lester 17 Oct 2010 1 min read

Fiscal Policy, Monetary Policy and Currency Values

I've thought a bit more about the previous post where I suggested that not all measures affecting currencies should lead to fears of a "currency war".  I'm not much of an expert in this area, and I'm happy to have someone explain
Simon Lester 17 Oct 2010 3 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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