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A Suggestion to Negotiators on Fisheries Subsidies: Insert a Conflict Clause in Annex VIII.

In the new draft SCM, Annex VIII on fisheries Subsidies appears, as indicated by its name, as a simple Annex which is an integral part of the draft SCM by virtue of Article 32.8 of this draft.    This is however a fiction since Annex VIII on fisheries subsidies is
Marc Benitah 12 Dec 2007 1 min read

The Gambling Arbitration Ruling: Coming Soon (Maybe)

I feel like I am repeating myself here, but this is what is being reported: "We feel pretty confident about our case, to be honest. We really feel like we have the upper hand here," Mark Mendel, a private attorney representing Antigua, told Reuters ahead of an expected
Simon Lester 10 Dec 2007 1 min read

Softwood Lumber Hearing Open to the Public

For those in New York, from USTR's web site: The Office of the United States Trade Representative (“USTR”) wishes to inform the public of an opportunity to view a public hearing before the Tribunal considering the arbitration under the 2006 Softwood Lumber Agreement Between the Government of the
Simon Lester 10 Dec 2007 1 min read

USTR Susan Schwab's Views on Carbon Border Measures

From a speech in Indonesia: There has been a great deal of media attention based on statements from those who propose restricting imports based on carbon intensity of production methods. This is the wrong action at wrong time. Restricting imports easily leads to covert protectionism, undermining both environment and economic
Simon Lester 10 Dec 2007 1 min read

WTO Rules and Free Speech

This will be a fun case to watch if it goes anywhere: The California First Amendment Coalition (CFAC), a free speech and government transparency group, has launched an initiative to use international trade laws to force the government of China to end its censorship of the Internet and to remove
Simon Lester 10 Dec 2007 3 min read

More Reaction to the Draft Rules Text

For those in DC: THE AMBASSADOR'S DART BOARD: Responses to the Doha "Rules" Paper Published by Chairman Guillermo Valles Galmés Thursday, December 13, 2007 8:30 – 10:30 A.M. (Registration opens at 8:00 a.m.) The National Press Club 529 14th Street, NW, 13th
Simon Lester 09 Dec 2007 1 min read

International Tribunals Don't Like Zeroing

It's not just the WTO.  Last week, a NAFTA Chapter 19 tribunal that was considering a Department of Commerce AD ruling found zeroing to be impermissible: In sum, on the issue of the permissibility of zeroing, the Panel remands the matter back to Commerce to re-calculate Mittal’s
Simon Lester 08 Dec 2007 1 min read

The Zeroing Negotiations: U.S. Industry Reaction

When I read Brazil's reaction to the draft rules on zeroing, and then I come across the following reaction from a U.S. industry group, I start to wonder how a deal will ever get done: The Committee to Support U.S. Trade Laws ("CSUSTL") expressed
Simon Lester 06 Dec 2007 1 min read

Postscript on the Appellate Body Appointments

What Chinese Appellate Body appointee Zhang Yuejiao had to say: "I will do my best with unwavering impartiality," Zhang said Thursday. She will take her seat in June in the seven-member Appellate Body, which issues final rulings in trade disputes. "You can rest assured that I will
Simon Lester 06 Dec 2007 1 min read

More Gambling 22.6 Arbitration Documents

The Antigua legal team's gambling dispute web site has a few recently added documents related to the Article 22.6 arbitration.  I don't have time to go through them right now -- I'm still trying to sort through the recent AB reports -- to
Simon Lester 06 Dec 2007 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.
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Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

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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.
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Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

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23 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

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