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Could a WTO Panel Reject the Appellate Body's Rulings?

Despite the well-established AB case law invalidating zeroing, a recent panel in U.S. – Stainless Steel explicitly rejected the AB’s established anti-zeroing position, in particular that expressed in U.S. – Zeroing (EC) and U.S. – Zeroing (Japan), both of which addressed the same issue as the panel faced, i.
Sungjoon Cho 05 Feb 2008 2 min read

The Gambling Dispute: Is Investment Arbitration An Option?

A law firm representing some gambling interests thinks it might be: protections contained in the US IIAs, comprising 40 Bilateral Investment Treaties (BITs) and 11 Free Trade Agreements (FTA’s), may be relied upon by foreign investors seeking to establish a gaming business in the US under the “commercial presence”
Simon Lester 05 Feb 2008 1 min read

Trade and Health Care

Over at Eyes on Trade, Todd Tucker says: "a move to universal health care could be challenged as a limitation on market access for health insurance companies."  Upon reading this, my first thought was to look at the relevant part of the U.S. GATS Schedule to see
Simon Lester 04 Feb 2008 1 min read

Fragmentation Can of Worms

I thought it might be interesting if we try to develop an inventory of circumstances in which WTO law conflicts with other international law, in the narrow meaning of "conflict".  That is, where are there specific circumstances in which an  obligation of WTO law requires or prohibits an
Trachtman 04 Feb 2008 1 min read

How Sweet It Is

Sugar is fairly big down here in Palm Beach County.  My local paper just ran a story on the recent lobbying efforts to moderate the effect of free trade in sugar between the U.S. and Mexico pursuant to NAFTA, by putting up various new trade barriers.  The article notes
Simon Lester 03 Feb 2008 1 min read

Is Obama Better Than Clinton On Free Trade?

Here's an argument from Daniel Koffler that he is: Whereas Clinton has recently taken to pulling protectionist stunts and rethinking the fundamental theoretical soundness of free trade, and Edwards is behaving like the love child of Huey Long and Pat Buchanan, Obama instinctively supports free trade and grasps
Simon Lester 03 Feb 2008 1 min read

Airbus vs. Boeing: In the Courts and In the Market

The Airbus-Boeing WTO dispute is plodding along.  It's fine with me if the panels take their time.  I'm not sure I'll ever be quite ready to digest the monstrous panel reports that are likely to come out of this dispute. In the meantime, Airbus
Simon Lester 02 Feb 2008 2 min read

Trade in Everything: Dental Services

Reuters reports: It was fear of the hefty bill as much as fear of the drill that kept American musician Don Clay away from U.S. dental clinics for 30 years. Shrugging off concerns about hygiene and Mexico 's brutal drug war, thousands of Americans are heading to Ciudad
Simon Lester 02 Feb 2008 1 min read

A "United States of Africa"?

Is a "United States of Africa" possible: Proponents of the so-called "United States of Africa" want to develop a central government, army, and foreign policy. They say a cohesive continent would better compete in the global economy. But with 53 African countries, is it realistic? It&
Simon Lester 01 Feb 2008 1 min read

Trade Talk in Davos

Most of us did not get an invitation to Davos, but YouTube has some video of the trade talk going on over there: http://www.youtube.com/watch?v=J7jOIAvsPa8.  Thanks to Amy Porges for the pointer.
Simon Lester 01 Feb 2008 1 min read

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Featured

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 5 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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