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More on the "Right to Regulate Trade"

Following-up on yesterday's post, here's something from Tania Voon: The Panel did little to clarify the meaning of regulating trade in a WTO-consistent manner pursuant to the ‘[w]ithout prejudice’ clause. It concluded that this clause permits China to regulate goods imported into China or exported
Simon Lester 07 Oct 2009 1 min read

The "Right to Regulate Trade in a Manner Consistent with the WTO Agreement"

One of the obligations dealt with in the China - Publications report was paragraph 5.1 of China's Accession Protocol, which provides in part: 1. Without prejudice to China's right to regulate trade in a manner consistent with the WTO Agreement, China shall progressively liberalize the
Simon Lester 06 Oct 2009 2 min read

One Side of the "Necessity" Debate

Via Todd Tucker at Eyes on Trade, I came across this discussion of "necessity" in the context of the GATS negotiations (Word doc) on Domestic Regulation (Article VI): 10. The representative of Switzerland wished to address two issues in his intervention, namely the significance of the revised text
Simon Lester 06 Oct 2009 2 min read

International Law of Economic Migration

My new book on The International Law of Economic Migration has just been published by the Upjohn Institute.  For more information, see http://www.upjohninst.org/publications/titles/ilem.html Here is the short description: The gains from total trade liberalization, according to a recent World Bank study, are estimated
Trachtman 05 Oct 2009 1 min read

A Change in Tariff Classification (and Rates) for Solar Panels

From the NY Times: The issue began with a short letter to United States customs officials last December from the small American subsidiary of a Spanish energy company. The subsidiary, GES USA, wanted to know what the tariff would be to import certain solar panels from China. On Jan. 9,
Simon Lester 02 Oct 2009 3 min read

Paul Blustein on Improving the WTO

Former Washington Post writer Paul Blustein argues the following in Foreign Policy: Completing a reasonably ambitious Doha round would be a good start -- but only a start. Instead of pursuing more bilateral and regional deals, the world's governments should embark on new, ambitious talks under WTO auspices.
Simon Lester 02 Oct 2009 1 min read

Unintended Consequences of the EU Seal Products Ban

From the Telegraph: ... Andree Garcia, the owner and chef of Les Iles en Ville, says the EU ban has been "great advertising" - and as a result has moved up seal dishes from occasional specialities to a daily regular. "Seal has become extremely popular since everybody started
Simon Lester 01 Oct 2009 1 min read

Dual Cases on Dual Remedies

A while back, I did a post about the issue of "dual remedies" in relation to anti-dumping and countervailing duties, focusing on the DS379 WTO dispute. ("Dual remedies" might not be the best term, but that's what I used last time, so I'
Simon Lester 01 Oct 2009 3 min read

Trade Complaints and the Stock Market

Apparently, the mere threat of a trade complaint is enough to affect a company's share price.  Reuters reports: Shares in Elpida Memory Inc (6665.T) hit a two-month low on Thursday on fears stoked by a report that the U.S. would bring up government subsidies received by
Simon Lester 01 Oct 2009 1 min read

What Is Section 421?

Am placing here, as a new post, part of a comment that otherwise would have been stuck under the wrong heading (antidumping).  At issue was a piece in The Economist about the Tires 421 result. What I found interesting in the Economist piece is that it stopped short of what
John Magnus 30 Sep 2009 1 min read

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Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 4 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

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