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More on NAFTA Chapter 11 Non-Discrimination

I did a recent post discussing NAFTA Chapter 11 non-discrimination standards, in the context of the Grand River Enterprises case.  In response, I got a number of helpful comments, which made clear to me that there was a lot I did not know about NAFTA Chapter 11 non-discrimination standards.  Rather
Simon Lester 13 Mar 2009 2 min read

Ron Kirk's Answers to Senators' Written Questions

Ron Kirk's answers to the written questions of Senators on the Finance Committee are available here.  It is a 129 page document, with lots of questions and mostly brief answers.  Below the jump, I pulled out the ones that I found most noteworthy (in some instances the question
Simon Lester 12 Mar 2009 5 min read

The New Tuna-Dolphin Case

It appears that Mexico is moving ahead with its complaint against U.S. dolphin-safe tuna labeling measures.  Here is the panel request: http://www.worldtradelaw.net/pr/ds381-4(pr).pdf  The specific claims are as follows: 1. Mexican products are not accorded immediately and unconditionally any advantage, favour, privilege or
Simon Lester 11 Mar 2009 1 min read

The Softwood Lumber Arbitration and Retrospective Trade Remedies

(Cross-posted from the new Kluwer Arbitration Blog). Two weeks ago, an LCIA tribunal issued its Award on Remedies in a dispute filed by the U.S. against Canada under the 2006 Softwood Lumber Agreement (SLA). This dispute is interesting in many respects. Most obviously, it is a state-to-state dispute adjudicated
Tomer Broude 10 Mar 2009 6 min read

Expanding NAFTA Chapter 19

Stephen Powell of University of Florida Law School has posted a paper entitled "Expanding the NAFTA Chapter 19 Dispute Settlement System: A Way to Declaw Trade Remedy Laws in a Free Trade Area of the Americas?"  Here's the abstract: Chapter 19 of the NAFTA transfers judicial
Simon Lester 10 Mar 2009 2 min read

Ron Kirk Hearing: Today at 5 p.m.

The Senate Finance Committee hearing for Ron Kirk's nomination as USTR will be today at 5.  I'll update this post if anything interesting is said. UPDATE: I'm not sure when a transcript of the hearing will be available, but Kirk's statement is.
Simon Lester 09 Mar 2009 1 min read

Anti-Dumping on the Rise

Conventional wisdom holds that anti-dumping cases increase during economic downturns.  Chad Bown's latest research seems to confirm this: Newly available data tracking the first of these trade policies - the initiation of new antidumping investigations and new antidumping measures imposed - show a marked increase in 2008 corresponding
Simon Lester 07 Mar 2009 1 min read

New Journal: Trade, Law and Development

The National Law University, India has launched Trade, Law and Development, a bi-annual, student-run, academic journal: Inspired by the best traditions of scholarly journals worldwide, Trade, Law and Development seeks to explore inter-disciplinary perspectives on the international legal order, focusing on issues of relevance to the international trading system, environment
Simon Lester 07 Mar 2009 1 min read

The Purpose of SCM Agreement "Countermeasures"

In the ongoing arbitration in the U.S. - Cotton Subsidies case, the parties disagree on the purpose of "countermeasures" imposed under SCM Agreement Articles 4.10 and 7.9.  In its written submission, the United States argues: 340. Articles 4.10 and 7.9 of the SCM
Simon Lester 05 Mar 2009 1 min read

The Future of U.S. Trade Policy

Brandon Wu of Global Trade Watch reports on a public hearing on the proposed United States-Trans-Pacific Partnership Free Trade Agreement, where, he notes, a USTR official made the following point: Today's hearing was to be a "different exercise than that which we've been doing for
Simon Lester 04 Mar 2009 1 min read

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Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

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

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