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Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The...

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty...

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long...

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing Chinaas policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First,...

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times...

Did NAFTA Push White Male Social Conservatives to the Republican Party?

This is the abstract of a new paper titled "Local Economic and Political Effects of Trade Deals: Evidence from NAFTA", which argues that many "white, less educated voters left the Democratic Party" due to NAFTA: Why have white, less-educated voters...

Guest Post: Back from the WTO MC13 a A brief report and some remarks from four scholars who were in Abu Dhabi

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Carla Gomez, Ph.D. Researcher; Antoine Comont, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Let Them Eat Cake? Reflections on the Labor Provisions in the New India-EFTA Agreement

Iave never understood the expression: they want to have their cake and eat it too. Who on this planet wants to hold onto a piece of cake and not eat it?!? I was at a birthday party this weekend, and...

Mexico Invokes Public Morals, Exhaustible Natural Resources, Indigenous Peoples Exceptions in GE Corn USMCA Dispute

Mexico's initial written submission in the GE Corn USMCA dispute was recently posted. The English public version is here. There's a lot in there and I'm not going to go through it all in this post. I just thought it...

Resolving the Biden Administration's Internal Debate on International Digital Rules, and Reengaging in Negotiations

I've already made these points for the trade policy crowd, but I have now tried to make my pitch on a way forward for the Biden administration on international digital trade rules slightly more accessible (i.e., without so many blockquotes...

Katherine Tai on USMCA Dispute Settlement and the USMCA Six Year Review

At a Brookings event yesterday, Josh Meltzer of Brookings had some interesting exchanges with U.S. Trade Rep. Katherine Tai on USMCA dispute settlement and the USMCA six year review. Here's the one on dispute settlement: Meltzer: What I'd like to...

Conversations at WTO Ministerial Side Events: Subsidy Races and Trade Remedies

As part of the WTO Ministerial Conference last week, there were some side events going on. I was watching one called "Business Forum at MC13" and came across some interesting discussion of subsidy races and trade remedies. The question that...

The Role of WTO Case Law in a USMCA RRLM Proceeding

Here is an interesting exchange from last week's hearing in the USMCA San MartAn mine labor dispute about the role of WTO case law in interpreting the USMCA provisions at issue: Panelist: Mexico raised the question that the United States...

WTO Adverse Effects Complaints vs. Domestic CVD Cases

Subsidies have been in the news a lot recently, as China's subsidies continue to cause concerns, and the Biden administration and others are now increasing their own use of subsidies. In trade policy, the reaction to foreign subsidies tends to...

The Role of Past Determinations in U.S. DOC Proceedings

In the U.S. - Ripe Olives from Spain, Article 21.5 panel report circulated last week, I was struck by the discussion of the role of previous Commerce Department determinations in deciding future cases, and the obvious parallels to how the...

IELP Blog Emails

The technical problems on the blog just keep coming. After recently dealing with the RSS feed, I noticed that the emails with recent blog posts (for those of you who read the blog that way) weren't sending properly. I decided...

The AfCFTA Digital Trade Protocol

The African Continental Free Trade Area (AfCFTA) governments have been working on the issue of international rules on digital trade. There was recently a leak of a draft Digital Trade Protocol to the AfCFTA Agreement (an earlier draft is here)....

Guest Post: MC13: Is It the Last Chance To Save The WTO?

This is a guest post by several people from the Research Chair on New Challenges of Economic Globalization, Laval University, Quebec City, Canada: Antoine Comont, Ph.D. Researcher; Carla Gomez, Ph.D. Researcher; Van Anh Ly, Ph.D., Deputy Director of the Research...

Katherine Tai on Digital Trade

At a CFR event last week, U.S. Trade Rep. Katherine Tai said some things about digital trade. Normally for these things, I provide a quote and then react to it afterwards, but the quotes here are so long that I'm...

WTO Dispute Settlement Reform Proposals on the Role of Precedent

The WTO has now posted a document with the DS reform text that will be discussed at the upcoming Ministerial Conference (see the Consolidated Text of a Ministerial Decision on Dispute Settlement in Annex 1 of the document). There's a...

Two Reasons for a Two-Tier WTO Dispute Settlement System

As part of the WTO DS reform exercise, USTR officials have mentioned the importance of having WTO Members explain what they see as their interests in the system. In a recent communication to the WTO, Bangladesh, Egypt, India, Indonesia and...

Katherine Tai on Tariffs (Again)

At a CFR event on Monday, U.S. Trade Rep. Katherine Tai said some things about tariffs. I know, I just did a blog post about Katherine Tai talking about tariffs! But she said some more things, and I have more...

What Chinese Behavior is Outside the Scope of WTO Rules?

At a House Ways and Means Committee trade hearing last week, Congressman Adrian Smith (R-NE) said this: Many countries, especially China, ... engage in predatory, unfair, and anti-free market behavior outside the scope of the WTO rules. While the rules...

Reinterpreting WTO Non-Discrimination Obligations

The excellent and interesting Villars Framework 2.0, which was recently released, expresses concern that "[j]udicial balancing tests may leave states uncertain as to which sustainability standards are permitted and which are not," and offers the following reform proposal related to...

Katherine Tai on China and Tariffs

I have one final post on U.S. Trade Rep. Katherine Tai's event at the University of Chicago last week, addressing issues related to China and tariffs. First up, there was this exchange about China: Q: Some people, even Trump haters,...

Katherine Tai on Trade and Peace

Here's another item from the Katherine Tai event at the University of Chicago last week: Q: So let's go back to that comment you made about McDonald's, and that old theory that if there were a McDonald's in two countries,...

Guest Post: The WTO E-commerce Agreement and its relationship to existing WTO rights and obligations

This is a guest post from Ines Willemyns, Teaching Fellow and Lecturer in Law at Stanford Law School Earlier this week, the draft chairs text of the WTO e-commerce negotiations was leaked to the public. The text, dated 15 January...

Rep. Don Beyer and Bruce Hirsh on Trade Agreements and National Security

At a House Ways and Means Committee trade hearing yesterday, Congressman Don Beyer asked a good question of former USTR official Bruce Hirsh about possible abuse of the national security exception in trade agreements: Mr. Hirsh, you mentioned that, you...

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