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The Clove Cigarettes Panel Request

Indonesia has now requested a panel in the U.S. - Clove Cigarettes (DS406) dispute.  The request is here:  http://www.worldtradelaw.net/pr/ds406-2(pr).pdf  It's not much different from the consultations request, but does add some more specific TBT claims. I don't think
Simon Lester 14 Jun 2010 1 min read

Krugman on Currency Undervaluation and WTO Law

From Paul Krugman: China says that accusing it of subsidizing its exports via its exchange rate policy — and imposing a countervailing duty — would violate WTO rules. Hmm. Before we talk legalese, let’s focus on the essentials. An export subsidy is WTO-illegal. An import tariff is WTO-illegal. A
Simon Lester 14 Jun 2010 1 min read

Gambling Dispute Update

Have you been wondering what has been happening with the U.S.-Antigua WTO Gambling dispute?  Is the U.S. ever going to implement?  Is Antigua going to push for implementation?   This article perhaps provides some insights about what the commercial interests involved have been up to: Atlantic City'
Simon Lester 14 Jun 2010 2 min read

The Intersection of Investment Treaty Law and WTO Law

I think it has been pretty obvious from my blogging that I've developed an interest in investment law and disputes over the past year or so.  As a result, this looks quite interesting to me: Walid Ben Hamida and Todd Weiler, will be editing a TDM Special Issue
Simon Lester 14 Jun 2010 1 min read

Speaking of Dissents

Speaking of dissents, as we have been, I just noticed something from the U.S. China - Exportation of Raw Materials submission.  As mentioned in the last post, the U.S. made the following argument: 363. The reasoning of a General Agreements on Tariff and Trade 1947 (“GATT 1947”) panel supports
Simon Lester 10 Jun 2010 2 min read

China - Exportation of Raw Materials: The Dispute Gets Under Way

A couple weeks ago, former Appellate Body Member Jim Bacchus had an op-ed in the W$J, talking about China's export restrictions on raw materials: The international trading system is about to encounter an entirely new challenge. The global hunger for natural resources is inspiring a surge
Simon Lester 10 Jun 2010 3 min read

More USTR TPP Chatting

Next week USTR will be doing more online chatting about the TPP.  Here's the question I submitted this time: When do you anticipate that draft negotiating texts for specific topics will be completed?  When will they be released to the public? You can submit your question here: http:
Simon Lester 10 Jun 2010 1 min read

Thank You for Smoking (Domestic Cigarettes)

From a book review in the Economist: the Chinese Communist Party ordered local officials in Hubei province to smoke nearly a quarter of a million packs of Hubei-branded cigarettes in order to boost the local economy and stave off lay-offs. Official cigarette monitors roamed the province making sure
Simon Lester 10 Jun 2010 1 min read

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 agree
James Flett 03 Jun 2010 3 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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