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Wolfe on the Special Safeguard "Fiasco"

Robert Wolfe explains how the Special Safeguard Mechanism brought down the latest attempt to move the Doha round forward : The July 2008 attempt by a group of ministers to agree on modalities for the WTO's Doha Round broke down in part because they could not agree on a
Simon Lester 04 Mar 2009 1 min read

Latest Newsletter from SIEL

A summary of the latest Society of International Economic Law ("SIEL") newsletter is below for those of you not yet members of the SIEL ; ) This edition, as well as the previous newsletters, includes information on SIEL and IEL events around the world (more info at www.sielnet.org)
Colin Picker 04 Mar 2009 1 min read

USTR Trade Agenda 2009

While the confirmation hearing of USTR nominee Ron Kirk has been postponed to next Monday, those of us seeking some positive signaling from the Obama administration about its future trade policies will do well to read the 7-page "Overview of the 2009 Agenda" in USTR's 2008
Tomer Broude 03 Mar 2009 1 min read

Non-Discrimination under NAFTA Chapter 11

From the claimants' submission in the Grand River Enterprises NAFTA Chapter 11 case: There is simply no room in the language of [the NAFTA Chapter 11 National Treatment and MFN] provisions for reading-in the requirement for an investor to either prove that the measures according less favorable treatment were
Simon Lester 02 Mar 2009 2 min read

China Currency Talk

The rhetoric a few weeks back from Obama's new Treasury Secretary Tim Geithner on China's currency "manipulation" has generated a bit of a response.  Here's a sampling: The Economist: CHINA has been accused of “manipulating” its currency by Tim Geithner, America’s
Simon Lester 27 Feb 2009 1 min read

A Trade and Environment Success Story

Not all trade and the environment conflicts result in protests outside the WTO.  The Economist reports on one success story: UNTIL recently, the glaze on most Mexican pottery contained lead. ... . [As a result,] products were banned from the American market, where their hand-painted beauty could fetch much higher prices than
Simon Lester 24 Feb 2009 1 min read

WTO Dispute Settlement 2008

For those who will be in Geneva next Monday, March 2, the Graduate Institute's Center for Trade and Economic Integration will hold its 2nd Annual "Update on WTO Dispute Settlement," discussing developments in 2008.  The program is here.
Simon Lester 24 Feb 2009 1 min read

U. of Chicago Law Faculty Blog on "The Future of the WTO"

The U. of Chicago Law School Faculty Blog is discussing "The Future of the WTO," with posts by Anu Bradford, Daniel Abebe, Greg Shaffer and Richard Steinberg. Steinberg begins his post as follows:  "As a location for trade negotiation, the WTO is dead."  I'm
Simon Lester 23 Feb 2009 1 min read

Decision out in Byrd Amendment Constitutionality Lawsuit

On Feb. 19, the U.S. Court of Appeals for the Federal Circuit issued its decision in the interesting case about the Constitutionality of the Byrd Amendment.  The name of the case is SKF USA Inc. v. U.S. Customs and Border Protection, Fed. Cir. No. 2008-1005.  The question of
Charnovitz 21 Feb 2009 1 min read

Buy America under WTO Rules

With regard to Brazil's possible WTO complaint against the Buy America stimulus provisions, I had been caught up with trying to figure out how Brazil would deal with the GATT Article III:8(a) exemption.  However, a commenter pointed out SCM Agreement Article 3.1(b), which I
Simon Lester 19 Feb 2009 2 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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