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Fisheries Subsidies in the New Draft SCM: At Last a Recognition of the Concept of Environmentally Harmful Subsidies (EHS)?

I have just had a look at the new draft Annex VIII of the SCM on fisheries subsidies.  There is a lot to say on this Annex but there was a point that I impatiently wanted to check, namely the recognition or not for the first time of the concept
Marc Benitah 02 Dec 2007 1 min read

One More Question from the Republican Debate

One more trade related question from the CNN/YouTube Republican debate: YouTube question: Good evening, candidates. This is (inaudible) from Arlington, Texas, and this question is for Ron Paul. I've met a lot of your supporters online, but I've noticed that a good number of them
Simon Lester 02 Dec 2007 2 min read

The Zeroing Negotiations

From the draft consolidated texts on anti-dumping and subsidies and countervailing measures circulated by the WTO today, there's this new provision that appears to govern zeroing: 2.4.3 When the authorities aggregate the results of multiple comparisons in order to establish the existence or extent of a
Simon Lester 30 Nov 2007 2 min read

China's AB Appointment and Judicial Impartiality

Over at OpinioJuris, Roger Alford voices some concerns about the willingness of a Chinese AB Member to rule against China. AB Member have so far had a very good record of impartiality, with EC and US members regularly contributing to reports ruling to the detriment of their home state. Would
Tomer Broude 29 Nov 2007 1 min read

Korea DRAMs and the Interpretation of "Allowing": The Source of the Appellate Body's Mistake.

The interpretation of the term "allowing"  in Article 12.9 of the SCM by the AB in Korea DRAMs is based on a decisive mistake. It feigns to read the word "allowing"  as a term which concerns the investigative authorities and that these are the ones
Marc Benitah 29 Nov 2007 1 min read

The Real World Impact of WTO Rulings

Yesterday, the Appellate Body upheld many of the violations found in an earlier panel report relating to Japan's countervailing duties on Korean DRAMS.  Today, the markets reacted: Seoul shares gained more than 2 percent on Thursday, as local institutional investors chased beaten-down blue chips and chip maker Hynix
Simon Lester 29 Nov 2007 1 min read

Some Upcoming Trade Events in Geneva

From Jalal Alavi, three upcoming trade events in Geneva: * World Trade Report 2007 Tuesday, 4 December 2007 11.30 am WTO Headquarters – Centre William Rappard Conference Room II Programme Chair: Keith Rockwell, Director Information and Media Relations 11.30 -11.45 Introductory Remarks Director-General, Pascal Lamy 11.45 -12.30
Simon Lester 29 Nov 2007 1 min read

From Last Night's Republican Debate

Some trade questions from last night's Republican Presidential debate: On agriculture subsidies: Ted Faturos: Hi, I'm Ted Faturos from Manhattan Beach, California. Mmmmmm, nothing says delicious like cheap corn subsidized by the American taxpayer. For a lot of Americans, however, a bitter taste is left in
Simon Lester 29 Nov 2007 4 min read

Coming Soon: The Brazil - Tyres AB Report

On December 3, the Appellate Body is scheduled to issue the Brazil - Tyres report.  There will be a lot of things said about GATT Article XX, all of which should be interesting and informative.  In addition, though, there is a slight posssiblity that the AB will clarify GATT Article
Simon Lester 29 Nov 2007 1 min read

Categories

I've added categories to the blog (see previous post for an example).  It would be too much to go back and classify all the previous posts (510 of them) in particular categories, but hopefully this will be useful going forward.
Simon Lester 29 Nov 2007 1 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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