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Pleading "No Contest" in the Zeroing Disputes

It's hard to know what to make of a WTO panel decision like today's U.S. - AD Measures on Carrier Bags report.  In a nutshell, Thailand alleged that the U.S. used "zeroing" in the anti-dumping proceeding at issue, in violation of the
Simon Lester 22 Jan 2010 1 min read

Some Questions About "High Standards" in Trade Agreements

I see a lot of talk these days by the Obama administration about "high standard" trade agreements (e.g., here).  They also refer to "21st century" trade agreements, presumably to convey a similar idea. So what do they mean by a "high standard" agreement?
Simon Lester 21 Jan 2010 4 min read

Chander on International Trade and Internet Freedom

Anupam Chander has posted International Trade and Internet Freedom on SSRN.  From the abstract: Can trade liberalization serve the cause of political liberalization in authoritarian states? In this short essay, I suggest that trade law might bolster political freedoms by liberalizing Internet trade. Trade law puts pressure on state repression
Simon Lester 21 Jan 2010 1 min read

Phil Levy on Defining Protectionism

Phil Levy of AEI tries to define modern protectionism: To better recognize protectionism in its modern guises, we offer three broad categories of protectionist measures: Intentional protectionism encompasses measures that are explicitly intended to favor domestic industry over imports. Incidental protectionism occurs when measures can be readily justified on other
Simon Lester 21 Jan 2010 1 min read

Market Economy Status and Arms Trade in Exchange for Chinese Currency Revaluation?

From China Daily: Spain will propose that the European Union (EU) consider lifting an arms embargo on China and grant full market economy status to the country, Madrid's top envoy to Beijing has said. Elaborating on Spain's tasks during the six months it holds the EU
Simon Lester 21 Jan 2010 1 min read

The First WTO Dispute of the Year: Another Alcohol Tax Discrimination Case

Sometimes I think that being involved in an alcohol tax discrimination dispute is kind of like a rite of passage for WTO Members.  The latest one is the first complaint of 2010: United States Trade Representative Ron Kirk announced today that the United States has requested World Trade Organization (WTO)
Simon Lester 19 Jan 2010 1 min read

Barbie Protectionism

From AFP: Chavez, in his weekly radio-TV show "Alo Presidente," called on Venezuelan manufacturers to make "educational" toys and dolls with indigenous peoples' features to replace capitalistic counterparts like the Barbie doll that "have nothing to do with our culture." ... Venezuela, Chavez said,
Simon Lester 19 Jan 2010 1 min read

Using Trade Measures to Promote Democracy, Human Rights, Etc.

A couple days ago, I posted about Pascal Lamy's speech on human rights, where he said, among other things, that " trade measures are the most commonly used instrument in developed countries to put pressure on states violating human rights. "  Presumably, one type of measure he had
Simon Lester 17 Jan 2010 3 min read

Google's Troubles in Foreign Markets: First China, Now France?

From the Economist: FRENCH internet executives, bloggers and web users cringed in early January when an independent report for the ministry of culture proposed a tax on online advertising revenues, aimed at American firms such as Google, Microsoft, AOL, Yahoo! and Facebook, to pay for new subsidies for the music,
Simon Lester 17 Jan 2010 1 min read

The China - Publications Decision: Is The Appellate Body Becoming "Activist"?

Activist is a loaded term, I know, and that's not really what I mean.  What I have in mind is the Appellate Body's apparent willingness in China - Publications to address issues that it could have avoided, and its establishment of standards that make issue avoidance
Simon Lester 15 Jan 2010 3 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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