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Alan Sykes on Enforcing WTO Obligations

From the abstract of a paper called "Optimal Sanctions in the WTO: The Case for Decoupling (and the Uneasy Case for the Status Quo)," posted on SSRN: Various commentators have suggested that the current system of trade sanctions for violation of WTO obligations be replaced with financial compensation.
Simon Lester 07 Aug 2009 1 min read

WTO Disputes: It's All About China These Days

Here are the 11 most recent WTO consultations requests: Dispute Name DS Number Complainant(s) Respondent Request Date European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China 397 China European Communities Jul 31, 2009 Philippines - Taxes on Distilled Spirits 396 European Communities Philippines Jul
Simon Lester 05 Aug 2009 1 min read

Cash for Clunkers and MFN

Over at Opinio Juris, Roger Alford notes that the "Cash for Clunkers" program has seemed to favor non-U.S. car-makers such as Toyota and Honda over the U.S. car-makers (with the caveat that some Toyota and Honda cars are made, in part at least, in the U.
Simon Lester 05 Aug 2009 1 min read

Charnovitz: USTR Refuses Public Disclosure of US-Russia Trade Agreement

One final Steve Charnovitz Eyes on Trade cross-post: by Steve Charnovitz This is a follow-up to my blog post of July 20, 2009 about my efforts to use the Freedom of Information Act (FOIA) to get the Office of the U.S. Trade Representative (USTR) to release the text of
Simon Lester 04 Aug 2009 3 min read

Reading the Doha Tea Leaves

It seems that there is a great deal of synchronicity between the global economy and the Doha trade talks. Both of them were in their nadir last summer and now both of them seem to have found their green shoots. Of course, there may be a plethora of explanations why
Sungjoon Cho 03 Aug 2009 4 min read

Investor-State in FTAs

In the context of the proposed Trans-Pacific Partnership Agreement, the Emergency Committee for American Trade makes the following point: The U.S.-Australia FTA did not include one vitally important component of a strong investment chapter, namely investor-state dispute settlement. ECAT very strongly urges that investor-state dispute settlement be included
Simon Lester 02 Aug 2009 1 min read

In Praise of Trade Deficits

From the always provocative Don Boudreaux: Beyond contributing to American economic vitality, foreign investment here signals global confidence in that vitality. Investors go long only in assets or places that promise a reasonable prospect of future profits. These facts are why the recent decline in America's trade deficit
Simon Lester 02 Aug 2009 1 min read

Mutual Assured Dumping

The AFP mentions the following interesting fact in relation to the WTO complaint by China against EU anti-dumping duties on fasteners (e.g., screws and bolts): In one of the biggest anti-dumping cases against China, the EU decided after an investigation to impose levies on imports of some Chinese fasteners,
Simon Lester 02 Aug 2009 1 min read

Is there an Abuse of the Arguendo Technique in WTO Panel Reports?

I have just finished reading the panel report relating to CVDs imposed by Mexico on Olive Oil from the European Communities, and it strikes me that the  arguendo technique has become pervasive in recent panel reports. What panels are really doing through this technique (certainly out of fear of the
Marc Benitah 29 Jul 2009 1 min read

WTO Litigation Costs and the Seal Products Case

I was recently talking to someone writing a paper about the costs of litigating WTO disputes, so I found the following quite interesting.  Commenting on the Seal Products dispute, a lawyer who would probably know these things suggests the following in relation to that case: A WTO challenge would likely
Simon Lester 28 Jul 2009 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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