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So What Does the U.S.-EU Gambling Settlement Say?

Writer Ed Brayton tried to find out, to no avail: I immediately filed a Freedom of Information Act request for a copy of the agreement and, predictably, the USTR is denying that request. And just in case you thought this administration had hit rock bottom on making dishonest and mendacious
Simon Lester 06 Feb 2008 1 min read

Trade in Everything: Orchestral Manoeuvres in North Korea

From the AP: Her mother's town was briefly occupied by North Korea . Her father survived the communists during the Korean War by hiding in the mountains. "It just kind of feels that the stuff that happened in the past or what's going on there makes
Simon Lester 06 Feb 2008 1 min read

Free Trade and War

Over at IntLawGrrls, Marjorie Florestal has a three part series of posts asking:  Can Free Trade End War? My short answer would be that free trade is more likely to contribute to peace than are the alternatives.  However, it's probably too complicated a question for a short answer
Simon Lester 06 Feb 2008 1 min read

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

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Could Congress Extend the USMCA for Another Term?

People have been assuming that the decision on whether to extend the USMCA for another term is up to President Trump, but based on the language of the USMCA related to the upcoming joint review, could Congress actually have the power to make this decision on its own?
04 May 2026 4 min read

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

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