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Fred Abbott on the Seizure of Generic Drugs in Transit

Fred Abbott has posted "Seizure of Generic Pharmaceuticals in Transit Based on Allegations of Patent Infringement: A Threat to International Trade, Development and Public Welfare" on SSRN: This essay addresses the legitimacy of seizures by the customs authorities of some European Union member states of pharmaceutical products moving
Simon Lester 15 Jan 2010 1 min read

Google and China: Protectionism or Censorship?

In Foreign Policy, journalist Jordan Calinoff asks, "Is web censorship just an excuse to drive out foreign competition and give a boost to Chinese brands?"  He then writes: ... Google, like Yahoo before it, has been systematically forced out of the market by a Chinese government determined to purge
Simon Lester 15 Jan 2010 1 min read

Pascal Lamy on Trade and Human Rights

WTO DG Pascal Lamy makes some interesting points (as he often does) in his recent speech on trade and human rights.  Here are the ones that jumped out at me (quoted portion indented), with some quick comments. 1. Good governance and transparency are essential for trade. What role do human
Simon Lester 14 Jan 2010 3 min read

Proposed Amendments to the AB Working Procedures

The Appellate Body is proposing some amendments to its Working Procedures (Word Doc): We propose the following three amendments to the Working Procedures:  · First, we suggest that an appellant's written submission be filed when an appeal is commenced, namely, on the same day as the filing of a
Simon Lester 14 Jan 2010 1 min read

Anti-Dumping Laws as a Reason for Foreign Investment

From the FT: Huawei Technologies, the Chinese telecoms equipment company, is to make a $500m investment in its research and development operations in the southern Indian city of Bangalore as part of an effort to avoid falling foul of tension between New Delhi and Beijing. Max Yang, Huawei's
Simon Lester 14 Jan 2010 1 min read

Google, China and the WTO

Google's possible exit from China is all over the news.  Are there any trade issues in there?  Possibly: Lawyers said that Google and the US might have a legal basis for suing China at the World Trade Organisation, a move that would further complicate relations between Washington and
Simon Lester 13 Jan 2010 1 min read

The WTO Seal Products Dispute: A Preview of the Legal Issues

Here is an ASIL Insight I did on the Seal Products dispute, previewing the legal issues.  (Keep in mind that I only had 2,000 words, so it's a fairly brief preview!)  An excerpt: One might expect that core WTO principles, such as non-discrimination and necessity, would have
Simon Lester 13 Jan 2010 1 min read

Clove Cigarette Update

I'm not sure I'm reading this correctly, but there may be a peaceful resolution to the clove cigarette ban controversy (see here and here for background):  Kretek International Inc., importer and marketer of Djarum clove cigars, withdrew its lawsuit against the U.S. Food and Drug
Simon Lester 12 Jan 2010 1 min read

Attracting Investment: Subsidies versus Weak Labor Laws

There's some disagreement as to whether weak labor laws are used by certain countries to attract foreign investment (or at least, they have that effect, even if it is not their goal).  Some critics of trade agreements say that weak labor laws in some countries leads to unfair
Simon Lester 12 Jan 2010 2 min read

The "Human Right" of Free Trade

From Jeff Jacoby of the Boston Globe: Free trade isn’t a battle that countries (or states) win or lose. It is a human right - the liberty to engage in voluntary transactions that leave both participants better off. If John wants to sell something that Mary wants to buy,
Simon Lester 10 Jan 2010 1 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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