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Export Contingency and Intent

From the EC - Aircraft panel report: 7.648 Correctly interpreted, the legal standard set out in footnote 4 indicates that a subsidy may be found to be contingent in fact upon anticipated export performance, and therefore prohibited under Article 3.1(a), when there is evidence demonstrating the existence
Simon Lester 03 Jul 2010 1 min read

Issues for Appeal in Aircraft

Here are the obvious ones I've seen so far in reading through the report. For the EU:  The finding that certain launch aid/member State financing constitutes prohibited export subsidies (paras. 7.582-716).  It would be nice for the EU to not have these subsidies classified as "
Simon Lester 02 Jul 2010 1 min read

ACTA is about Sustainable Development

Well, sort of.  This is from USTR: Participants stressed the importance of ACTA as an agreement that will establish an international framework for their efforts to more effectively combat the proliferation of counterfeiting and piracy, which undermines legitimate trade and the sustainable development of the world economy. I'm
Simon Lester 02 Jul 2010 1 min read

A Few Points About the Aircraft Decision

Nothing that important, but a couple things of note. First, Boeing has provided a nice breakdown of the findings for each measure.  We often do this in our DSC, but they've saved us the trouble.  (I assume they got it right, but have not double-checked). Second, I'
Simon Lester 30 Jun 2010 1 min read

The WTO Aircraft Decision

It's out, and it's just about as long as they said it would be.  Here's the "abbreviated" version -- just the background and findings, with the parties' arguments and annexes taken out -- on our web site.  This version is "
Simon Lester 30 Jun 2010 3 min read

More on EU Biofuels Regulation

From SSRN, this is the abstract of "EU Biofuels Policy – Raising the Question of WTO Compatibility," by Stephanie Switzer and Joe McMahon: This article examines the question of the compatibility of the new EU Biofuels regime with the disciplines established by the WTO. After an explanation of the
Simon Lester 30 Jun 2010 1 min read

Outsourcing Legal Work

From The Economist: RITU SOLANKI, a 28-year-old lawyer with a degree from Nottingham University, spends most of her time drafting contracts and legal memos for a telecoms firm in Britain. She, however, is in Gurgaon, a high-rise satellite city on Delhi’s edge, where she works for CPA Global, a
Simon Lester 29 Jun 2010 1 min read

Indonesia, Biofuels and the WTO

As the Clove Cigarettes WTO dispute (DS406) moves forward, Indonesia is likely to gain a lot of experience relating to de facto discrimination claims, GATT Article XX defenses and the TBT Agreement.  Can they use this experience to bring a claim against EU biofuel restrictions?  Writing in the Jakarta Globe,
Simon Lester 29 Jun 2010 3 min read

Book Review: Luca Rubini: The Definition of Subsidy and State Aid

I had been working on a book review of Luca Rubini's "The Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective."  Among other reasons for doing so, this seemed like a good way to prepare for the EC - Aircraft WTO panel
Simon Lester 27 Jun 2010 2 min read

The G20 Gives up on Doha

For now, at least.  From Reuters: World leaders dropped a commitment on Saturday to complete the troubled Doha trade round this year and vowed to push forward on bilateral and regional trade talks until a global deal could be done. Reuters then sums up the problems nicely: But the Doha
Simon Lester 27 Jun 2010 1 min read

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International Economic Law and Policy Blog

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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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