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Brazil–Tyres: Breaking New Ground in Chapeau Interpretation

In an earlier post, Joel and Simon commented on the importance of the Panel decision in the Brazil–Tyres case and indicated that there would be much more to discuss, especially how the Panel treated Brazil’s obligation under Mercosur. Here are some of my thoughts to share. I believe
Julia Qin 23 Jun 2007 5 min read

The Gambling Case: Suspension and Compensation

While the WTO negotiations flounder, the WTO dispute process carries on.  Antigua's DSU Article 22.2 suspension request in the Gambling case is now available.  In it, Antigua requests authorization to suspend concessions and obligations in the amount of US$3.443 billion per year to match the
Simon Lester 22 Jun 2007 1 min read

Quo Vadis the Doha Round?

To one’s (yet another) disappointment on the Doha round talks, the Fantastic 4 (the U.S., the EU, Brazil, and India) failed to hammer out a framework deal in Potsdam, Germany yesterday. Such a deal was badly needed to complete the negotiation by the end of this year. It
Sungjoon Cho 22 Jun 2007 1 min read

Appellate Body Turnover

According to the summary of the latest DSB meeting: The DSB agreed on the process for selecting Appellate Body members to replace four current members whose terms of office expire in December 2007 and May 2008. ... The DSB set a deadline of 31 August 2007 for members to nominate candidates
Simon Lester 22 Jun 2007 1 min read

China’s Response to the IMF’s Response in the Currency Debate

China’s central bank (People’s Bank of China) reacted to the IMF’s recent new surveillance mechanism allegedly targeted for China’s currency intervention (or manipulation, if you like). China emphasized that any solution for this problem should be based on “mutual understanding and respect” rather than being imposed.
Sungjoon Cho 21 Jun 2007 1 min read

RIP Doha (or, It's Always Darkest Just Before the Dawn?)

Choose the title you like.  Here is today's statement from the U.S.: Postdam, Germany- Statement from USTR Ambassador Susan C. Schwab and USDA Secretary Mike Johanns on Doha Round: The United States is deeply disappointed with the outcome of this week’s negotiations. For the past six
Trachtman 21 Jun 2007 1 min read

China's Selective Export Tax Rebate

China has announced that it will cut back on rebates of its export tax (which is designed to replicate its value added tax).  Rebates of indirect taxes are OK under WTO law (see item (g) of the Illustrative List in Annex 1 of the SCM Agreement), but it would seem
Trachtman 20 Jun 2007 1 min read

Extra! Extra! Canadian Periodicals Delivered Here

The NAFTA Chapter 11 arbitral award on UPS v. Canada is out. Of particular interest is the difference of opinion on the relation between Canada's "Publications Assistance Program" and the Cultural Industries exception of Article 2106 NAFTA (Tribunal majority: it's a carve out, and
Tomer Broude 19 Jun 2007 1 min read

An IMF’s Response to China’s Currency Problem?

The IMF has announced to overhaul its international surveillance system which has been in operation since 1977. The new surveillance system will impose more rigorous obligations on Members to protect the stability of international financial system. It seems no coincidence that this decision has been made amid the high-profile debate
Sungjoon Cho 19 Jun 2007 1 min read

Legal Capacity and Dispute Settlement

Eric Reinhardt, Greg Shaffer and I recently completed a survey of WTO members.  One of the questions we asked each delegation concerned the sources of advantage in dispute settlement for the most powerful members. Fully 88 percent of the respondents answered that the advantage held by the largest members in
Marc Busch 19 Jun 2007 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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