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Accepting an Amicus Brief at the WTO

More on the substance of the dispute later (possibly much later -- it's a long report), but here's something interesting from today's Australia - Apples panel report: 6. Unsolicited letter from an Australian private entity 1.17 On 26 August 2008, the Panel received
Simon Lester 09 Aug 2010 1 min read

Law and Development Conference in Sydney

The Law and Development Institute is hosting its Inaugural Conference in Sydney, on October 16, 2010.  Here's the program, which looks excellent.  I can't seem to copy it into this post in nice formatting, so check it out at the link.
Simon Lester 09 Aug 2010 1 min read

A New Link Between Trade and Immigration

Reader Daniel Crosby points me to this article from the NY Times, which discusses a proposed U.S. law that takes the trade and immigration linkage in a new direction: A Senate bill approved Thursday night by unanimous consent would pay for more security along the Mexico border by raising
Simon Lester 07 Aug 2010 2 min read

WTO Gambling Case Predictions

This is from gambling writer Hartley Henderson: Consequently the following is my prediction with regards to the WTO issue and Antigua. The U.S. will remove its decision to rewrite its commitments, thereby eliminating the need to offer concessions. The country will provide opportunities for EU based companies to compete
Simon Lester 05 Aug 2010 1 min read

Looking for KORUS FTA Investor-State Business?

Public Citizen's Global Trade Watch notes: If the [Korea-U.S. FTA] were to go into effect, at least 79 Korea-based corporations with 270 establishments across the United States would obtain new rights to demand taxpayer compensation through challenges of U.S. federal, and state laws in foreign tribunals.
Simon Lester 05 Aug 2010 1 min read

Harley-Davidson Plays the State Competition Game

From the AP: It's the roar that made Milwaukee famous — the distinctive throaty rumble of a Harley-Davidson motorcycle. But that much-loved racket could be rumbling away to another state if the company cannot bring down its labor costs. Harley-Davidson warned employees in April that it will move its
Simon Lester 04 Aug 2010 1 min read

Two Takes on the Enron ICSID Annulment Decision

Luke Peterson provides the basic details: A review panel at the International Centre for Settlement of Investment Disputes (ICSID) has annulled a 2007 arbitral award rendered in favour of the Enron corporation and Ponderosa Assets L.P. (hereinafter Enron”) in a dispute arising out of the Argentine financial crisis. The
Simon Lester 04 Aug 2010 2 min read

Defining the Boundaries of International Economic Law

Regardless of which side of the debate you are on, I think this op-ed by Canadian political science prof Adam Harmes states the issues quite well: As premiers gather for their annual conference in Winnipeg this week, the issue of reducing interprovincial trade barriers will no doubt be a topic
Simon Lester 04 Aug 2010 1 min read

Requiring Foreign Manufacturers to Have a Domestic Worker

Other bills Speaker Pelosi hopes to pass soon include ... a requirement that foreign manufacturers keep at least one worker stationed in the U.S. so the company can be officially served with court papers.http://seminal.firedoglake.com/diary/62330That's probably not a big deal for large companies,
Simon Lester 03 Aug 2010 1 min read

"Tolerating" Zeroing under International Law

I know that not everyone reads the comments, so I thought I'd pull something out of the comments on a previous post by Marc Benitah on the Kosovo ICJ decision.  In our brief back and forth there, Marc pointed me to a statement by Judge Simma in his
Simon Lester 03 Aug 2010 1 min read

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

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

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