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A Puzzling 90 per cent "Win Rate" for Complainants at the WTO?

I was puzzled recently by an affirmation in a newspaper that a complainant country has some 90 percent chances of winning its case at the WTO. Since no domestic legal system has such a tendency, I tried to see if this figure could be confirmed. Unfortunately, in their interesting new
Marc Benitah 12 Apr 2007 1 min read

Happy Birthday to GATT

Doug Irwin has a nice encomium to GATT in today's WSJ.  Here are the last few paragraphs: Over its 60-year history, the GATT has had many shortcomings. Agricultural trade has largely eluded liberalization. The current spread of preferential trade arrangements, in the form of bilateral and regional so-called
Trachtman 09 Apr 2007 2 min read

US v. China, Rounds 4&5

The US has indicated that two cases on TRIPS and distribution rights will be brought against China. Here are my two cents on the two cases: 1st case: According to TRIPS Article 61, Members must provide remedies for IPR violation, which shall include imprisonment and/or monetary fines sufficient to
Henry Gao 09 Apr 2007 1 min read

Gambling Compliance Report

All WTO gambling dispute reports are filled with perplexities and the latest one, the Article 21.5 in US - Gambling dated 30 March, contains many. One that I will call the trade community's attention to comes in para. 5.9 wherein the panel laments the pre-publication of
Charnovitz 08 Apr 2007 1 min read

How Do You Envision the Future of the Trade Regime?

In June 2003, WTO Director-General Supachai Panitchpakdi organized a Consultative Board of eight eminent persons to study institutional challenges facing the WTO and to consider how best to meet those challenges. The resulting report generated a flurry of academic commentary (see here and here); whether it will have a substantial
dunoffj 05 Apr 2007 1 min read

The Problem of Subsidies

There have been a lot of news reports regarding the decision by the Department of Commerce to change gears and apply countervailing duties to non-market economies like China (on certain paper imports right now, but possibly many new products in the future).  There are a number of specific legal issues
Simon Lester 05 Apr 2007 1 min read

Pallets and Standards

This article in the current issue of The World Economy looks interesting: How Do Differing Standards Increase Trade Costs? The Case of Pallets * Gaël Raballand 11The World Bank and * Enrique Aldaz-Carroll 11The World Bank * 1The World Bank Abstract The pallet is a platform used for storing, handling and transporting products.
Trachtman 03 Apr 2007 1 min read

KORUS FTA

Korea and the U.S. have agreed to an FTA.  Ben Muse has a useful post here detailing the history of the negotiations.  USTR's press release about the agreement is here. Based on news reports, key issues in the negotiations were resolved as follows.  From the AP: South
Simon Lester 02 Apr 2007 1 min read

Unfairness in International Trade: An Elephant Easy to Recognize but Hard to Define?

Joan Robinson, criticizing false rigor, was fond of saying that "an elephant is hard to define but easy to recognize! " I wonder if this metaphor applies to the issue of "unfairness" in international trade. I say that because I have noticed that many recent posts on
Marc Benitah 02 Apr 2007 1 min read

Fears about Offshoring

Greg Mankiw is famous (infamous?) for his statements about offshoring back in 2004, when he was Chair of the White House Council of Economic Advisors.  At the time, he said: the "offshoring" of U.S. service jobs is only "the latest manifestation of the gains from trade
Simon Lester 28 Mar 2007 2 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.
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?
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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.
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
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