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The Sound of a Tree Falling in the Forest

Reportedly, the NAFTA Chapter 11 claims filed by Canadian softwood lumber exporters have been dismissed by the tribunal at a preliminary stage following jurisdictional arguments based on Article 1901(3) NAFTA which reads: "Except for Article 2203 (Entry into Force), no provision of any other Chapter of this Agreement
Tomer Broude 07 Jun 2006 1 min read

IEL of the World Cup

As the world's most exciting sports event begins, I was hoping to conjure up a link to IEL.  How about this.  National teams are limited to nationals.  The team administrators obviously discriminate in the national treatment sense against foreign players.  Would this violate a GATS commitment in the
Trachtman 05 Jun 2006 1 min read

Airbus Plays Hardball

Airbus has filed a motion to enjoin Wilmer Hale and Marco Bronckers from representing Boeing, in light of Bronckers' earlier work for Airbus.    Interestingly, the basis for Airbus' claim is the Washington DC Rules of Professional Conduct, which I suppose are being applied to the Wilmer Hale firm.
Trachtman 03 Jun 2006 1 min read

Immigration

See the open letter  on immigration reform from economists and other social scientists at Marginal Revolution.  There is still a debate on the national welfare effects of increased immigration, based on empirical work by Borjas versus that by Card.  On the other hand, in at least some respects, from a
Trachtman 30 May 2006 1 min read

Does the Doha Round Have a Future?

On May 23-24, 2006, the Sixth Annual WTO Conference was held in London, organized by the Institute of International Economic Law (in Georgetown Law Center) and the British Institute of International and Comparative Law. Many interesting, and pressing, issues, ranging from judicial economy to treaty interpretation to regulatory convergence to
Sungjoon Cho 24 May 2006 1 min read

Does China need a Competition Law (Now)?

On May 23, 2006 an interesting workshop was held at East Asian Legal Studies, Harvard Law School to discuss China’s recent effort to enact an Anti-Monopoly Law. Despite some predicaments (such as an internal bureaucratic battle over the jurisdiction), some predict that the Law may be passed some time
Sungjoon Cho 24 May 2006 1 min read

Just what the world needed . . . .

Another investment banker.  News reports have Robert Zoellick leaving the State Department for Merrill Lynch.  I was disappointed when he left USTR, but recognized that State had bigger fish to fry.  Forgive my venting, and apologies to my friends in investment banking, but it is painful to watch one of
Trachtman 24 May 2006 1 min read

Blogfluential?

The U.S., in a document delivered to the WTO on May 9, cites our humble blog.  You can't buy this kind of publicity.  Of course, the U.S. cites the blog to underscore that even those (Sungjoon Cho) who don't like zeroing believe the decision
Trachtman 23 May 2006 1 min read

Lamy on Coherence, etc.

In an unusually law-intensive and wonderfully bilingual speech (evidencing a great command of the WTO jurisprudence) given at an ESIL meeting at the Sorbonne, Pascal Lamy  made the following comments The lack of coherence of our international legal system is amplified by the relative power of the WTO and in
Trachtman 22 May 2006 1 min read

More on the Regulatory Clash of Titans

In its Archer Daniels Midland decision yesterday, C-397/03 P,on appeal from the Court of First Instance, the ECJ decided that there is no obligation on regulators to avoid "double-fining": 50     Next, referring to paragraph 11 of Wilhelm and Others, the Court of First Instance held in
Trachtman 19 May 2006 1 min read

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AOC on Foreign Policy and Trade Policy

AOC spoke on a couple panels last week at the Munich Security Conference and also spoke at the Technische Universität Berlin, and this European trip was widely seen as a move to establish some foreign policy credentials for a presidential run.
17 Feb 2026 12 min read

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

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