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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
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
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.
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 XXIV
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

Environmental Dumping?

This sounds like something along the lines of what Joseph Stiglitz had in mind: [The European Parliament invites the European Commission] to consider whether it would be appropriate to evaluate the rules on trade defence measures, such as the rules on anti-dumping or subsidies, under the WTO aegis, with
Simon Lester 29 Nov 2007 1 min read

Ben Muse: New Blog Location

Ben Muse is moving his trade posts to a new blog, called "The Custom-House."  He explains here; the new blog is here.
Simon Lester 29 Nov 2007 1 min read

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Featured

Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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