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A Debate on WTO Dissents

I'm pleased to introduce a debate on the issue of dissents in WTO dispute settlement decisions.  Those of you who read the JIEL regularly may have seen two articles setting forth different views on the proper role of dissents.  In 2006, Meredith Kolsky Lewis of Victoria University of
Simon Lester 01 Jun 2010 2 min read

Origin Labeling for Help Lines?

And a tax, too.  Reuters reports: In a bid to reduce outsourcing of U.S. jobs, a Democratic senator said on Sunday he will push legislation to make companies inform customers when their calls were being transferred outside the United States and charge companies for those transferred calls. "This
Simon Lester 31 May 2010 1 min read

From Seal Products to Shark Fins

Hawaii is going to ban "the sale, possession and distribution of" shark fins: Shark conservation groups are celebrating a small but important triumph after Hawaii on Friday became the first state in the nation to ban the sale, possession and distribution of shark fins. Gov. Linda Lingle signed
Simon Lester 31 May 2010 1 min read

Australia's AD/CVD System

Australia has just done a report on its anti-dumping and countervailing duty system.  Some snippets: Should Australia retain an antidumping system? Key points • The price raising effects of anti-dumping measures give rise to a range of benefits and costs for applicant industries and their suppliers, importers, downstream user industries and,
Simon Lester 31 May 2010 2 min read

Webcasting an Investment Arbitration Hearing

Via Luke Peterson, I see that ICSID is webcasting a hearing in the Pac Rim CAFTA-DR investment arbitration: A hearing on preliminary objections in the above case will be transmitted live via internet feed on Monday, May 31, 2010 and Tuesday, June 1, 2010, starting at 9:30 a.m.
Simon Lester 31 May 2010 1 min read

Global Trade Watch on the Prudential Carve Out

In this recent memo, Global Trade Watch expresses concern about the GATS "prudential carve out" in the area of financial services regulation.  The carve out is in Article 2(a) of the GATS Annex on Financial Services and reads as follows: 2. Domestic Regulation (a) Notwithstanding any other
Simon Lester 28 May 2010 4 min read

Resisting to Lobbying: A Lesson from the WTO system for the Security of Oil Platforms?

One of the profound insight of the political economy of the world trade system is the understanding of the role played by the multilateral system for helping governments to resist the pressure of  domestic lobbies. Everybody knows for example that most governments would be unable to cut even partially  agricultural
Marc Benitah 27 May 2010 1 min read

More on National Treatment and Investment Arbitration

Last week I talked about National Treatment in the context of the hearing in the Grand River Enterprises NAFTA Chapter 11 case.  Stimulated by re-reading an article by Nicholas DiMascio & Joost Pauwelyn, "Nondiscrimination in Trade and Investment Treaties: Worlds Apart or Two Sides of the Same Coin?"
Simon Lester 25 May 2010 7 min read

WTO Dispute Decisions: Coming Soon

People may have noticed a lull in WTO dispute decisions recently.  Since the Cotton Subsidies arbitration decisions last August, we have had a grand total of 3 decisions.  And two of those were fairly minor:  An Article 21.3(c) arbitration and a decision on zeroing where the U.S.
Simon Lester 24 May 2010 3 min read

Chatting with USTR about the TPP

As mentioned here, USTR hosted an online chat about the TPP.  I was excited to see that they responded to the question I submitted: Simon: What is the likelihood that an investor-state dispute settlement mechanism will be included in the TPP? Is USTR pushing for it to be included? USTR:
Simon Lester 21 May 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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