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Does Zeroing Violate U.S. Law?

A NAFTA Chapter 19 panel (well, the majority, anyway) says yes.  An excerpt: A plain reading of the statute requires that all sales be analyzed in the dumping analysis as dumping refers to an aggregate concept. In directing the DOC to analyze aggregate amounts and compare average sales, the statute
Simon Lester 15 Apr 2010 1 min read

WTO Complaint on the Clove Cigarette Ban

As some may have seen in the news, Indonesia is going forward with its WTO challenge to the U.S. clove cigarette ban.  Here is the key part of the WTO consultations request: The Government of Indonesia maintains that the ban on the sale of clove cigarettes in the United
Simon Lester 14 Apr 2010 3 min read

Which Side Takes the Seal Products Dispute More Seriously?

The Economist says it's Canada: Last July the European Parliament voted to ban the importation of seal products. ... Canada and Norway believe that the European ban breaks international trade rules, and have both lodged complaints with the World Trade Organisation.  ... The Canadian government clearly takes the issue seriously.
Simon Lester 13 Apr 2010 2 min read

More on Australia - Apples

Following up on Meredith's post, there has been a lot of reporting in the Australia/New Zealand press about the decision.  Here is a sampling: » Fruit decision a victory - opinion - blogs | Stuff.co.nz Citing "informed sources", it said the World Trade Organisation had
Simon Lester 13 Apr 2010 2 min read

New Zealand - Australia Apples Dispute

The parties have received the confidential version of the panel's interim report in the Apples dispute, and the New Zealand press (citing unnamed officials) is reporting a comprehensive victory for New Zealand.  Assuming this is indeed the result, on the one hand it is not surprising due to
Meredith Kolsky Lewis 12 Apr 2010 1 min read

Merrill & Ring v. Canada: More About NAFTA Ch. 11 Non-Discrimination Standards

Continuing with my occasional (although becoming somewhat frequent) posts on NAFTA Chapter 11 non-discrimination standards, there is a new decision to talk about: Merrill & Ring v. Canada.  The basic facts, from the Tribunal: 26. This case concerns a claim by the Investor in respect of the implementation of Canada‘
Simon Lester 11 Apr 2010 8 min read

Causes of the China Currency Detente

Assuming we are on our way to a resolution of the China currency dispute, what caused the situation to improve so rapidly, when not long ago the rhetoric was getting quite heated?  Dan Drezner sets out some possibilities, along with his view: If China's shift is a real
Simon Lester 08 Apr 2010 2 min read

SIEL Translations: Mercosur TPR Decision, 1/2005

The Society of International Economic Law has just released the first fruits of a trial project it is running, translating Spanish language material related to international economic law into English. The first project has been to translate the first decision of the MERCOSUR Permanent Tribunal for Review (No1/2005), on
Andrew Lang 08 Apr 2010 2 min read

Settlements in Cotton and the Chinese Currency Disputes?

There has been some talk of settling two big disputes, the U.S. - Cotton WTO dispute and the Chinese currency dispute.  Cotton has progressed a bit further.  USTR provides the following details: ... the United States agreed to work with Brazil to establish a fund of approximately $147.3 million
Simon Lester 07 Apr 2010 2 min read

A Possible WTO Complaint on Credit Card Services

I had seen brief references to a WTO complaint against China related to the credit card industry, but didn't know the details.  Here's the argument, as set out by Eric Grover in the Washington Times: Chinese banks have 1.88 billion debit cards and 190 million
Simon Lester 07 Apr 2010 1 min read

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International Economic Law and Policy Blog

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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