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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
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,
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-
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 with
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
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 agreement
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
Simon Lester 04 Mar 2009 1 min read

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