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The EU Tries to Co-opt Some Americans on GIs

From Reuters: A gourmet coffee from the island of Hawaii won an European prize for top quality foods on Saturday as part of Europe's efforts to bolster the global use of prestigious place names like Champagne, Parma or Roquefort. The European Union is in a long-running dispute
Simon Lester 23 Oct 2010 1 min read

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

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