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Meredith's Response to James's Opening Dissent Post

I agree with Henry’s comment that dissents are more easily justified at the panel stage, when they have the potential to provide additional information/arguments for the Appellate Body to review.  However, I don’t agree that they should be forbidden at the Appellate Body level.  While I think
Meredith Kolsky Lewis 04 Jun 2010 3 min read

A debate on dissents - James' opening post

Thanks to Meredith for suggesting this and Simon for setting it up. The basic idea – expressed in a purely personal capacity - is in the article on the JIEL website and Simon has already summarised it, and I will not here repeat the details. I think that Meredith and I
James Flett 03 Jun 2010 3 min read

A Debate on WTO Dissents - Meredith's Opening Post

First I’d like to thank Simon for suggesting this dialogue, and also James, who was kind enough to share his article with me before it went to print.  In keeping with the format agreed to with James and Simon, in this post I will make some opening remarks, and
Meredith Kolsky Lewis 02 Jun 2010 3 min read

Debating NAFTA

With Dan Griswold of Cato and Todd Tucker of Global Trade Watch. If you go to the C-Span page, you can search the transcript.
Simon Lester 01 Jun 2010 1 min read

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

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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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