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WTO Law in Domestic Law: The Novartis Case

The status of WTO law in domestic law varies a bit from country to country, and is sometimes not very clear.  The recent Indian court decision in the Novartis case was interesting, as the court basically said that any consideration of consistency of Indian law with the TRIPS Agreement should
Simon Lester 09 Aug 2007 4 min read

"Social and Developmental Safeguards"

The always interesting Dani Rodrik proposes the following: A broadened safeguard agreement—call it an agreement on social and developmental safeguards—would enable countries to opt out from their international obligations under specified circumstances. The process for obtaining such an exemption would be a domestic one, as in the case
Simon Lester 06 Aug 2007 1 min read

From Dolphins to Turtles to Seals: The Next Trade and the Environment Dispute

Bloomberg reports: Canada filed a complaint against Belgium at the World Trade Organization, in an effort to reverse the European Union country's ban on seal products. ... ``This government believes that the Belgian ban on the importation and marketing of seal products is a violation of Belgium's
Simon Lester 31 Jul 2007 1 min read

The DS316 Aircraft Panel Hearing

Following-up on Roger Alford's post over at Opinio Juris and Tomer's post on this blog, the WTO panel hearing on one part of the Aircraft dispute (DS316, involving alleged subsides to Airbus) took place last week.  As Roger and Tomer noted, the hearing was transparent to
Simon Lester 29 Jul 2007 5 min read

The Doha’s Development: Within the United States

The House has just killed a reform version of the new Farm Bill and instead passed a highly protectionist bill, as had widely been expected. President Bush vowed to veto this version. Now, the ball has been passed to the Senate. (See NY Times, Still Waiting for Farm Reform, July
Sungjoon Cho 28 Jul 2007 1 min read

Japan - DRAMS CVDs: When "allowing" does not Mean "allowing" or How WTO Panels Can Distort the most Ordinary Meaning of Words.

The recent panel report about Japan - DRAMS offers an interesting and somewhat irritating example of how a word could loose completely its ordinary meaning through a WTO panel’s interpretation. No wonder that we will hear once again the accusation of "judicial activism". Article 12.9 of
Marc Benitah 26 Jul 2007 1 min read

Parental Guidance

I'm not sure yet what to make of this surefire box office hit. Should I let my students watch it? Are they mature enough? I actually like Woody Harrelson (not to mention Charlize Theron). With all due respect to both, I like the other Woody much, much more.
Tomer Broude 26 Jul 2007 1 min read

Dance of the Seven Veils

The second meeting of the Airbus dispute panel (DS316), scheduled to conclude today, I believe, will be aired to the "public" through "an opportunity to view a videotape, at a date to be announced" (see USTR announcement)(hat tip: Roger Alford at Opiniojuris). To an uninformed
Tomer Broude 26 Jul 2007 1 min read

Trade and Development

Ha-Joon Chang of the University of Cambridge writes the following in the Independent (based on a book he has coming out): Both the history of rich countries and the recent records of developing countries point to the same conclusion. Economic development requires tariffs, regulation of foreign investment, permissive intellectual property
Simon Lester 24 Jul 2007 1 min read

It's Getting COOL In Here

In addition to the obviously controversial subsidies in the U.S. farm bill currently under debate in Congress, there's another potentially contentious trade issue in the bill:  country of origin labeling (COOL) requirements for certain meat products.  The Palm Beach Post reports: Last week, the U.S. House
Simon Lester 24 Jul 2007 1 min read

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Tracking Goods Exports under the Trump Administration's Trade Policies

My sense is that one of the reasons some traditionally pro-trade members of Congress have continued to support Trump's trade policies, despite misgivings they may have about tariffs, is because they hope these policies will pry open foreign markets, leading to increased US exports.
07 May 2026 8 min read

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

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