.... International Trade Relations .... 2007 ..... Dr. Malawer ....... International Trade Relations .... 2007

                                                                                         NEWS ITEMS

                                                            [ 2006 ]

• The WTO dispute panel released its confidential interim findings in the GMO case to the parties and ruled against the EU and in favor of the United States.  "Biotechnology & the WTO." USTR News (2.7.06).
• The WTO has ruled against the U.S. in the latest action concerning the Foreign Sales Corporation stating that the transitional rules and grandfathering provisions of the legislation intended to comply with earlier WTO decisions still do not comply with those decisions. Edited FSC Case (AB 2.13.06) (conclusions).
• A Japanese company agreed to plead guilty to participating in dram price-fixing case.  Related to earlier plea agreements. "DOJ Press Release -- Japanese Company (Elpida Memory) Pleads Guilty." (DOJ 1.30.2006).
• The WTO Appellate Body, on 6 March 2006, issued its report regarding Mexico's appeal in the case “Mexico — Tax Measures on Soft Drinks and Other Beverages” (DS308), which was brought by the United States to the WTO. Mexico Soft-Drink Tax (AB 2006).
• The new  national security report from the White House outlines the administration's goals relating to global trade. "President's National Security Strategy Report, 2006." (White House March 2006).
• Three Samsung executives have agreed to plea guilty and to serve jail time in the U.S. for participating in a global price-fixing of DRAM chips. "Executives in DRAM price fixing Conspiracy -- Global Cartel." (Press Release - Dept. of Justice, March 22, 2006). [Earlier four Hynix -- Korean --  Executives plead guilty.  (Press Release - Dept. of Justice, March 1, 2006).
• The WTO reported in its semi-annual report on dumping that new A/D investigations and final A/D measures have decreased globally, in 2005, for the fourth consecutive year. WTO Press Release (8 May 2006).
• The USDOJ announced successful developments in promoting international cooperation through the International Competition Network (ICN). Most recently in the work of anti-cartel and merger review. DOJ Press Release (May 5, 2006).
• Director-General Lamy announced the suspension of the Doha negotiations. WTO News (July 24, 2006).
• The AB rules against the U.S. by reversing an earlier panel report concerning "zeroing" in the Canadian Lumber Dispute. (Edited AB Report of August 15, 2006.)
• Malawer," The Russian Federation's Accession to the WTO," The Moscow Times (August 30, 2006).
• U.S. and Canada Reached an agreement on the lumber dispute." (USTR News, 9.12.06).
• The U.S. announced that is will be requesting the formation of a panel to move forward its case against China for its tax on import of auto parts.  "U.S. Requests WTO Panel in China's Treatment of Auto Parts." (USTR News 9.15.06).
• A WTO panel concluded that the United States by use of the "zeroing" model in antidumping cases, in the original decision and in sunset review, violated its WTO obligations. Japan - U.S Zeroing. (Panel September 20, 2006) (conclusions of panel).
• EU and U.S. has filed a WTO complaint against China concerning its tariffs on auto parts. China's reaction." (MOFCOM 9.20.06), "EU's Request for Panel" (EU Press Release 9.5.06) and "U.S. Auto Action Against China." (USTR Press Release 9.25.06).
• The WTO has published the long-awaited panel report on GMO's. GMO Case (Panel -- Sept. 29, 2006).
• A good PowerPoint by the EU on its trade policy is "The European Union Trade Policy." (EU, October 2006).
• Director-General Pascal Lamy, in a keynote speech to the 23rd Meeting of the International Federation of Pharmaceutical Manufactures and Associations on 11 October 2006 in Geneva, said the new WTO provision on developing countries' access to medicines and an initiative on zero duties in this sector are evidence that "trade can work to improve health conditions". (WTO Speech: October 26, 2006.)  
• Recent indictments for global price-fixing conspiracies have involved  Korean chip makers (Samsung and Hynix). "Three Executives Indicted in Dram Price-Fixing & Bid-Rigging Conspiracy." DOJ Press Release (10.18.06). Earlier an executive from Samsung plead guilty and is to serve jail time.  "Samsung Executive Pleads Guilty & to Serve Jail Time."  DOJ Press Release (9.21.06). 
• Vietnam's application for membership has been approved by the WTO. "General Council & Vietnam." (WTO Press Release November 7, 2006).
• The WTO ruled that aspects of the different national customs regimes is inconsistent with the EC's obligations under the WTO agreements. Selected Customs Matters (AB Report,  Nov. 13, 2006) (edited). 
• U.S. and Russia have signed its bilateral agreement concerning Russia's accession to the WTO. "U.S. & Russia Sign Bilateral Market Access Agreement; WTO Negotiations Now move to Multilateral Stage." USTR Press Release (November 19, 2006).
• Global members and national security has become a critical issue. Malawer, "Global Mergers & National Security." (2006).
• The WTO has released recent statistics concerning anti-dumping action for 1995 - 2006 (June). Recent AD actions for the first-half of 2006 have declined from the same period 2005.  Of the 87 new actions,  31 were by developed countries and 56 by others.  India initiated the most new investigations (20). "Antidumping Investigations Decline, New Final Measures Show Increase." WTO Press Release (27 November 2006). 
• The WTO has also released recent statistics concerning safeguard action for 1995 - 2006 (June). Of the 155 new safeguard actions,  76 resulted in measures. These are far fewer compared to antidumping. India initiated the largest number of new actions (15). "WTO Announces Statistics on Safeguard Actions." WTO Press Release (29 November 2006). 
• For a good discussion of recent India-U.S. trade relations see, "Remarks before the India CBI." (USTR 11.28.06).
• Money laundering and terrorism is a huge problem that the Treasury Department and other financial enforcement authorities are addressing. "Remarks by Under-Secretary of Treasury for Terrorism and Financial Intelligence." U.S. Treasury Press Release (12.11.06).
• The annual report concerning China's WTO compliance has been released. "2006 Annual Report on China's WTO Compliance." (USTR).

                                                                             [2007]

• Canada has filed a new major agricultural action against the United States in the WTO.  This represents the biggest challenge to the structure of U.S. subsidies since Brazil's actions concerning cotton subsidies. "Canada Requests WTO Consultation." (Canada Press Release 1.08.07).
• The Appellate Body on January 9, 2007, issued its report regarding the complaint by Japan against the United States in the dispute "United States - Measures Relating to Zeroing and Sunset Reviews" Japan & U.S.  -- Zeroring (AB Report 1.09.07).
• The Appellate Body of the WTO released its annual report for 2006 recently (January 2007) with interesting statistics. 2006 WTO / AB Annual Report (2007).
• The Davos Conference (World Economic Forum (January 2007) concluded on an upbeat note concerning, among other items, Doha trade negotiations and Russia's economic and investment climate. World Economic Forum (January 29, 2007).
• A WTO panel has ruled that the U.S. (DOC) use of "zeroing" in calculating antidumping duties is not consistent with the A/D Agreement. "U.S. -- A/D Measure on Shrimp from Ecuador" (Panel 1.30.07).
• The United States has filed a major and broad based complaint against China in the DSU concerning a range of prohibited  subsidies. USTR Press Release-- Remarks (Feb. 22, 2007), USTR Chinese Subsidy Fact Sheet (February 2, 2007) and USTR Press Release (February 2, 2007).
• A recent USTR slideshow has interesting information concerning trade enforcement measures taken by the U.S.  in addition to WTO litigation and consultation.   USTR Slideshow on Doha & Enforcement (slides #14 & #15) (2.15.2007).
• Mexico has launched a new WTO action against China for a range of subsidies provided by tax laws promoting purchase of domestic goods and exports. "Mexico Requests Consultations." (WTO 28 February 2007).
• The USTR has just published its annual report at "2007 Trade Policy Agenda / 2006 Annual Report" (2007) (United States Trade Representative).
• The U.S. has filed a WTO case against India challenging excessive duties on U.S. wines and spirits. "U.S. Files WTO Case."  WTO Press Release (3.6.07).
• ITT has been fined 100 million dollars for violating arms export control legislation to China, U.K. and Singapore.  "Official Statement of U.S. Dept. of Justice." (DOJ March 27, 2007).
• The WTO has released the compliance report concerning E-Gambling which determined that the U.S. is not in compliance with the AB decision. "Summary of E-Gambling Case." (WTO); Edited decision of the Compliance Panel (March 30, 2007).
• The U.S. Court of International Trade has refused to stop an action on subsidies (against China) that is pursuant to the U.S. government's new determination that imports from non-market economies (NME) may be considered a subsidy and thus subject to countervailing duties. People's Republic of China v. U.S. (March 29, 2007). "China Dissatisfied with Trade Action." (China Ministry of Commerce,  Press Release April 3, 2007).
• The U.S has filed two new cases against China in the WTO on failure to enforce its intellectual property legislation and excessively tight distribution rules on foreign movies. 
  • Official USTR Releases: "U.S. Files WTO Cases Against China."  (USTR 4.9.07); "IPR Legal Regime." (USTR 4.9.07); "Market Access Restrictions." (USTR 4.9.07).
• The USTR has released the 2007 special intellectual property report and has singled out China and Russia as the main offenders.  2007 Special 301 Report (2007).

• The WTO has released its new report on antidumping duties. The EU initiated the highest number of new cases for the last six months of 2006 and China remains the target of the most new investigations. "WTO News Release -- Antidumping -- Initiations & Final Actions." (June 11, 2007).

• The President has signed new legislation "The Foreign Investment National Security Act" that provides for revamping of CFIUS & a full 90-day investigations of takeovers by government-owned companies. [New Legislation -- "Foreign Investment National Security Act."]

• The U.S. remains in non-compliance with the  2004 WTO decision on E-Gambling.  The initial decision  was upheld a second time in early 2007.  The matter is now before arbitration which is considering cross-agreement sanctions -- concerning enforcement of U.S. IPR rights. "Place Your Bet." New York Times (8.23.07).

• Korean Airline & British Airways plead guilty to  global price-fixing charges and agreed to pay $300 million fine each`. (DOJ Press Release 8.23.07).

• WTO Director-General Lamy expressed the need to complete the DOHA round and the necessity to resist protectionist pressures, further develop the multilateral trading system and implementing trade benefits domestically. "Completing the Doha Round a Must." (WTO Speech by Lamy -- August 17, 2007). [Prior speech by Lamy -- "Geneva Consensus & Development." (WTO 10.30.06)]

• The status of four U.S. cases against China in the WTO / DSU is reviewed. "WTO Begins Formal Probe Into Alleged Chinese Subsidies." Wall Street Journal (8.31.07). "Official China Reaction Against subsidy case Filed in Feb. 2007)." (China Embassy to the U.S.) ( 9.4.2007).

• Mandelson, the trade minister for the EU, contends that antidumping duties may be counterproductive to European firms trying to rationalize production via  global production strategies. It's cheaper for global firms to produce abroad, import and thus generate profits while maintaining design operations in Europe.  Such duties also harm importers. This discussion is part of the debate within the EU concerning revising its import relief system ("trade defense system") and in the specific context of defining a European product. "Mandelson Warns over Antidumping." Financial Times (9.4.2007).

• At the recent APEC conference the U.S.  warned four countries (Brazil, India, South Africa and Argentina) that they were jeopardizing the Doha Round. "U.S. Accuses Doha Dissidents." Financial Times (9.7.07).

• As free trade negotiations are crashing, free trade itself is booming. But as free trade grows, more effective rules are becoming more critical. "The Trade Paradox." Washington Post (9..9.07).

• The tension between regionalism and multilateralism remains a major issue for the WTO. "Multilateral Regionalism Conference." (WTO Sept. 2007).

• China has threatened to bring its first WTO litigation as a complainant. China has requested consultation concerning the U.S. government's imposition of countervailing duties under its subsidy legislation against paper imports into the United States. "China Threatens WTO Claim Over US Export Duties." Financial Times (9.17.07). "Official China Announcement -- WTO & Paper Dispute Consultations. (9.17.07).

• The EU's Court of First Instance upheld the 2004 antitrust decision of the European Commission against Microsoft that held it abused its dominant position by bundling Windows Media into its operating system. (In the last big case the court ruled that the Commission employed shoddy legal reasoning when it blocked the proposed GE - Honeywell merger.) "Microsoft Loss in Europe Raises American Fears." Wall Street Journal  (9.18.07). While have some difference as to abuse of dominant position,  the EU and the U.S. are similar as to merger control and cartels (price-fixing). "Microsoft Reveals Regulatory Gulf." Financial Times (9.19.07).

• The author argues that trade is doing just fine even though trade agreements are being successfully concluded. "Traditional Ritual & Reality." Financial Times (9.19.07).

• WTO Litigation Update: 

  • The U.S. has made compensation offers in both the E-Gambling Case and as part of the Doha Round. "Gambling Groups Bid to Up Stakes in Trade Rift." Financial Times (9.24.07).

  • U.S. is considering a new action again the EC for improper high tariffs on high-tech goods in violation of the International Technology Agreement. "Brussels May Face WTO Case over High-Tech Goods." Financial Times (9.21.07).

  • The WTO has established a panel in the IPR litigation that the U.S. filed earlier this year -- one of the twin cases filed in April 2007. "WTO to Examine Counterfeiting in China." Wall Street Journal (9.26.07).

• Doha Update:

  • Doha may have to wait until the election of a new U.S. president. "Trade Progress Unlikely." Financial Times (9.25.07).

  • Two major issues for Doha are the agricultural subsidies of the U.S. and EU and reduction of tariff levels of manufactured goods into developing countries. "Doha -- Backburner." Financial Times (9.25.07).

• The WTO, ITC and UNCTAD have developed market access indicators as part of the Millennium Development Goals (Goal 8). The Millennium Goals.

• The Director-General Lamy discusses NGOs and civil society's influence on the WTO -- cheaper medicines in developing countries, Lamy, "Civil Society Influence on WTO." (WTO Speech 10.4.07). 

• Canada is the first nation to notify under “parag. 6” of exporting under a compulsory license of a generic drug. “Notice of Canada Exporting under TRIPS – Paragraph 6.” (10.4.2007).  Have a requirement to notify when export under compulsory license. “Notification of Exporting by WTO Members.”  

• President Bush has obviously shifted his trade politics as a result of the change in control of the Congress.  This is seen in his approach to the four bilateral agreements currently before Congress -- Peru, Panama, Colombia and South Korea. "Bush's Trade Politics." Washington Post (10.10.07).

• Good op-ed piece discussing three newer WTO / DSU actions or possible filings against the U.S. (Brazil recent win as to cotton subsidies, Mexico's possible filing over rice subsidies and Canada's  possible filing over corn subsidies) and the  passage of the Farm Bill 2007. "Today's Harvest of Shame." New York Times (10.15.07). 

• Additional  sanctions have been placed on Iran by the Bush administration raising issues of the efficacy of unilateral sanctions. "U.S. Turns Up the Heat on Iran." Wall Street Journal (10.26.07); "Iran Sanctions Put West's Unity at Risk." Financial Times (10.27.07). 

•  The President signed new legislation which became effective in October 2007 -- "The Foreign Investment National Security Act." This provides for revamping of CFIUS & a full 90-day investigations of takeovers by government-owned companies or  by foreign governments directly (Sovereign Wealth Funds).  [Initial 30-day period, an extended 45-day period and then 15-days for the President to sign.] New Legislation -- "Foreign Investment National Security Act." (2007).

• The President has proposed new import rules concerning safety of food and products.  This needs Congressional enactment.  The would require additional authority for the CPSC and the FDA. "White House Issues Plan for Import Safety." Wall Street Journal Online (11.6.07).

• U.S. and Europe are planning bilateral trade negotiations over a range of disputes. "(S)ingle round of bilateral trade negotiations is ambitious ...." " Mandelson -- (T)here is a desire to deal with these (trade) irritants through negotiation rather than litigation."  "(T)here is merit in an approach that linked separate trade issues and put them in a ledger, marking down each one ...." "(I)t was easier to achieve a negotiated solution (on a range of issues) ... rather than trying to broker a compromise when trade law clearly favours one side (on a particular issue)." "US and Europe Aim to Resolve Main Disputes in One Go." Financial Times (11.10.07).

• The WTO has release new data showing that from January 1995 - November 2007, 159 Safeguard measures were initiated and 82 were imposed.  India initiated the largest number of actions (15).  India also imposed the most measures (9). Only four new ones were initiated for the most recent period January 2007 - November 2007. "WTO Statistics on Safeguard Actions." (WTO News 11.7.07).

• Sovereign funds, mergers and national security are discussed in "The Deal Story of 2008." Wall Street Journal (11.20.07). "But the mergers-and-acquisition story of 2008 will be how these foreign sovereign funds ... direct their appetites." "We have not fully grasped what is happening here, and we have no counterstrategy." "Tighter economic ties create less incentive for war and terrorism."

• The Bush administration had some trade success in the prior passage of  CAFTA, subsequent agreement with the new Democratic congress over bilateral trade agreements (early 2007) and with the recent House passage of the Peru agreement.  However, this new cooperation has run into major opposition with some Democratic congressman, labor unions and presidential contenders. "Trade Breakthrough Almost Broke Down." Washington Post (11.22.07).

• Federal prosecutions under the FCPA are supplanting Sarbanes-Oxley concerns as the most important multinational issue concerning international corruption.  The recent DOJ investigation concerning BAE and its Saudi payments, because of BAE's link to the U.S. via funds deposited in the U.S. relating to the payments, is the most recent example of the extraterritorial reach of  such U.S. legislation. While Sarbanes-Oxley application to foreign firms relate to internal corporate corruption and governance, the FCPA relates to external acts of corruption (payment to government officials for government contracts). The OECD Convention on Bribery (now 10 years old) attempts to have foreign countries adopt national legislation concerning corporate bribery of foreign officials. "Payload: Taking Aim at Corporate Bribery." New York Times (11.25.07).

• The U.S. and China has announced the signing of a MOU settling the case brought by the U.S. against China in the WTO / DSU as to a wide range of subsidies.  The lifting of the subsidies is to be completed by the end of 2007. These are both export subsidies and "import substitution subsidies." "China to End Subsidies Challenged by U,S. in WTO Dispute." USTR Press Release (11.29.07). 

• Foreign equity investment into U.S. firms from sovereign wealth funds and others is  potentially a new model for rescuing U.S. companies from the sub-prime debacle. For example, the Abu Dhabi Investment Agency is investing $17. 5 billion into Citigroup.  "Mideast Investors Bailing out U.S. Banks." (Reuters 11.26.07); "The New Deal Diplomacy." Wall Street Journal (11.28.07). From a public policy perspective foreign investment involves commercial calculations as well as considerations of national security. "Citi of Arabia." Wall Street Journal (10.29.07). There is a need for effective global governance given the shift in globalization that sees SWF  investment from China & the Middle East into developed economies. "Global Response to Shifting World Order." Financial Times (11.30.07).

• Yahoo has been criticized for complying with Chinese law in China for providing user information.  Yahoo relies on the defense that it is the foreign law of the jurisdiction it's located in. Congress is considering the "Global Online Freedom Act" that would criminalize a U.S. firm's compliance with foreign legislation that suppresses online dissent. "Yahoo Betrays Free Speech." (NYT 12.2.07).

• WTO has released a good review of 60 years of the WTO / GATT in time for the 60th anniversary of the establishment of the GATT on January 1, 1948.  "60 Year Review of GATT / WTO." (WTO 2007 World Trade Report)  ["DSU" at  pp. 261-284.] "Six Decades of Multilateralism in International Trade." WTO News Release (12.04.07). 

  •  "An historical review of trade relations prior to the establishment of the GATT/WTO strongly points to the importance of building and sustaining institutional arrangements to underwrite international trade relations ... So while institutions and contractual provisions can mitigate the uncertainties connected with contractual incompleteness, they can hardly eliminate them. This brings with it two implications. One is that disputes are a natural outflow of contractual incompleteness." "Conclusion: Present & Future Challenges." (2007 World Trade Report).

• The U.S. has dramatically increased its criminal investigations of overseas bribery as globalization increases and reform legislation is enacted. "U.S. Targets Bribery Overseas -- Globalization, Reforms Give Rise to Prosecutions." Washington Post (12.5.07).

• A WTO compliance panel has ruled, not yet made public, that the EU has not complied with earlier rulings concerning the EU banana tariffs. "WTO Rules EU Banana."  Washington Post (12.11.07).

• China and the EU are increasingly agitated by U.S. trade litigation in the U.S. and within the WTO. "A Battle Fought in the Factories." New York Times (12.11.07).

  • "The Chinese are also angry at the administration’s increasing reliance on litigation, whether by supporting petitions from American manufacturers for duties on steel pipe and other Chinese goods, or by taking China to court at the World Trade Organization. Administration officials admit that Chinese leaders see the imposition or threat of duties, or litigation at the W.T.O., as an act of bad faith.“ They think if you sue them, you’ve insulted them,” said an American negotiator, speaking anonymously to be more candid. Indeed, most experts agree that a basic cultural clash over these suits has roiled the relationship. “The U.S. litigates at lunch, dinner, breakfast and so on,” said Pascal Lamy, director general of the W.T.O., in a recent interview. “In China, when you litigate, it means that your relationship is so deteriorated that one side will have to lose face, which is the worst thing you can do to someone in the Chinese culture.” American officials, though, say that efforts to challenge China legally have paid off. Last month, the Chinese agreed to terminate a dozen subsidies and tax rebates that the United States had charged were unfairly promoting exports in several sectors."
• The head of the CIC, the China SWF,  has warned that "national security" should not be used as a pretext for  protectionist measures. "Chinese Investment Fund Chief Warns Against Protectionism." Financial Times (12.11.07).
• The Virginia State Bar has published a special issue devoted to global trade with a focus on the WTO. This includes an article by Dr. Malawer on  U.S. litigation against China in the DSU. Special Issue of the Virginia Lawyer (December 2007) and Malawer, U.S. - China Litigation in the WTO (December 2007). 
• WTO LITIGATION UPDATE -- 
  • The WTO issued its  compliance report in Brazil v. U.S. (Cotton Subsidies) and found the U.S. not to be in compliance with the earlier panel recommendations. "Conclusions & Recommendations." (WTO 12.18.07).
  • A new panel has been established concerning the case by Brazil and Canada relating to a  range of agricultural subsidies and export guarantees exceeding the permitted levels. WTO News 12.17.07.
  • In the E-Gambling Case the U.S. offer of compensation has been  accepted by various parties. "European Gamblers Denied Seat at the Table." Financial Times (12.17.07); USTR News (12.21.07).
  • The WTO issued its panel report in Mexico v. U.S. concerning dumping  ("zeroring") and has apparently held that the U.S. has violated its obligations, but the U.S. contends that the pane; upheld zeroring. "Conclusions and Recommendations."  (WTO 12.20.07); USTR News (12.20.07).
  • The WTO arbitrator issued its report in the E-Gambling Case recommending sanction by Antigua and Barbuda against the U.S. in favor of  cross-agreement sanctions under the TRIPS. WTO Arbitrator Report (12.2107).
• The FTC has approved the Google - DoubleClick Deal, now it's up to the EU. "Fate of Google Deal Now in E.U. Hands." Washington Post (12.22.07).

• President Bush signed the "Sudan Accountability & Divestment Act" on the last day of 2007. This legislation allows states to impose restrictions on firms & investment funds with ties to the Sudan.  Mutual funds and private pension funds can sell shares of firms doing business in the Sudan and states can prohibit debt financing by such firms while minimizing legal liability.  "Bush Signs Bill Allowing Sudan Disinvestment." New York Times (January 1, 2008).

                                                        [2008]

• Bain Capital proposal with Huawei, a China telecom maker, to buy 3Com. a U.S. network equipment supplier, is now facing a full 90-day investigation by CFIUS to consider national security implications of the proposed takeover. "U.S. Extends China-3Com Probe." Financial Times (1.3.08). 

• The central lesson of  indulging corruption is that it is bad for business, economic development, political stability, breeds extremism and terrorism." Back Autocrats: The Backfire Policy." Financial Times (1.07.08).

• Iranian Trade Sanctions (GAO Report, January 2008).

• "Illiberal Capitalism." Financial Times (1.9.08).Russia and China are experiencing economic development without liberal democracy flowing from it.  This is their own authoritarian model -- different from  what "liberal democratic determinists" (a/k/a "the end of history" prediction.) 

• "Overseas Investors Buy Aggressively in U.S." New York Times 1.20.08).Individual states within the U.S. are targeting foreign direct investment as a development strategy. 

• "Bribes & Codes." Financial Times (2.5.08).

• Trade expansion is an offset against financial turbulence. Good discussion of trade, globalization and global governance. Lamy, "Trade Expansion as Insurance Against Financial Turbulence." (Speech, WTO 2.08.08)

• The EU has challenged the U.S. request for sanctions in the GMO case. This has been referred to arbitration. (WTO News, February 8, 2008).

• The WTO has issued an Interim ruling against China in the auto parts case brought by the U.S., EU and Canada concerning high tariffs on auto parts.  This was one of the cases brought by the U.S. as part of its trade litigation offensive against China in 2007. "WTO Makes First Ruling Against China Over Trade." Financial Times (2.14.08).

• "Trade & Security -- Economic Espionage -- China." Wall Street Journal (2.19.08).

• "CFIUS -- Foreign Buyer Beware -- U.S. Security Concerns Block China's 3Com Deal." New York Times (2.21.08).

• The WTO panel has ruled against the U.S. in the case involving import of shrimp from Thailand where the U.S. used "zeroring" and EBR ("Enhanced Continuous Bond" requirement). Shrimp from Thailand Case, WTO Panel Report (Feb. 29, 2008). 

• The U.S. and EU have filed yet another WTO case against China.  This time it  concerns restrictions on marketing financial information as a violation of the 2001 Accession Agreement. New 2006 Chinese "Xinhua" regulations require foreign financial information suppliers, in soliciting customers, to go through the government news agency.  They are also prohibited from establishing local operations. "Beijing Rule on Financial Data Set for WTO Action." Financial Times (3.3.08); "U.S. Files WTO Case Against China over Treatment of U.S. Suppliers of Financial Information Services." (UTSR News Release, 3.3.08); "China & WTO Deal on Xinhua Rules." Financial Times (3.7.08).

• There is growing concern over Bilateral Investment Treaties that call for arbitration with developing countries as infringing on their national sovereignty. "Growing Concern over International Investment Rules." Financial Times (March 12, 2008).

• The United States, Singapore and Abu Dhabi have agreed to a set of principles concerning Sovereign Wealth Funds. (Treasury News release 3.20.08).

• The Justice Department opened a criminal inquiry concerning Alcoa and sales to Bahrain under the Foreign Corrupt Practice Act. "Alcoa Investigation." Wall Street Journal (March 21, 2008).   

• The U.S. was  found to be in violation of its WTO obligations because its  sanctions, against the EU in the Beef Hormones dispute,  violate WTO procedures.   However, the panel indicated that the underlying EU regulations (the 2003 amended ban) do not to comply  with prior WTO rulings concerning the SPS Agreement. U.S. Hormone Sanctions (Panel 2008) (Edited); "US & EU Claim Case Win"; "Ban Remains WTO-Inconsistent." Financial Times (April 1, 2008; USTR Press Release (March 31, 2008).

• "American voters certainly deserve a more serious discussion about trade." "Some Truth about Trade." New York Times (4.6.08).

• A WTO dispute panel issued its report on whether the EU has correctly implemented an earlier dispute ruling on the importation, sale and distribution of bananas (dispute DS27).  Panel Report (April 7, 2008). 

• The world food crisis in  part due to import taxation and subsidies concerning ethanol blenders and biofuels. "The World Food Crisis." New York Times (April 10, 2008). Crisis is also due to export controls in the name of "food security." "Precious Grains."  Financial Times (4.14.08).

•  Cartoon: “BAE & British Court Reversal of Blair Dismissal.” Financial Times (4.12.08).  

• "Political Debate: Economics & War." Washington Post (4.15.08).

• Ukraine is  to join WTO on 16 May 2008. WTO News (4.22.08).

• The Supreme Court will be reviewing the antidumping law in in 2008-2009 within the context of national security. "Supreme Court -- New Case -- Antidumping & National Security." Washington Post (4.22.08).

• "Lawyers Cashing in on Corporate Corruption -- FCPA." Washington Post (4.25.08).

• "American voters certainly deserve a more serious discussion about trade." "Some Truth about Trade." New York Times (Lead Editorial -- April 6, 2008). ; "The country would be far better served by a serious, dare we say, fact-based, discussion of what is causing the dislocations  ... and how much trade is to blame   ...."  "Is Trade the Problem?"  New York Times (Editorial -- April 27, 2008).

• The AB reversed some of the panel's findings and determined that "zeroring" by the U.S. is inconsistent with the WTO obligations. Mexico - U.S. (Steel -- A.D. / Zeroring) (AB 2008). 

• A novel case is now before the Supreme Court concerning antidumping and national security. "Supreme Court -- New Case -- Antidumping & National Security." Washington Post (4.22.08).

• The Europeans are taking international corporate bribery more seriously.  Recent investigations of Siemens A.G. in Germany and Alston  S.A. in France indicate this newer policy. "Bribery --  French Firm & Global Bribery." Wall Street Journal (May 6, 2008).

• The U.S. has won a panel decision concerning the banana regime concerning the EU's 2006 regime.  "EU's Discriminatory Bananas Preference Program -- Panel Report." USTR News (May 19, 2008). 

• The U.S. filed a new suit against the EU in the WTO concerning tariffs in alleged violation of the International Technology agreement. "Technology Products Case." USTR News (May 28, 2008).

• The U.S. lost before the AB that reviewed a  compliance panel concerning its subsidies that had earlier been deemed inconsistent with the WTO in the action by Brazil. "21.5 Panel-- Review  by AB -- Brazil v. U.S. Concerning Cotton Subsidies." (WTO June 2, 2008).

• The U.S. failed to establish the India violated its obligations in its dispute concerning India's duty on alcoholic imports. "Panel Decision on U.S. - India Alcoholic Imports." (WTO June 9, 2008).

• Bilateral trade agreements or "competitive liberalization" is not  very easy and indeed not very helpful and  regionalism  "has been massively overblown. "  "Hard Bargaining." Financial Times (6.17.08).

• There is growing demand to allow U.S. parties to sue OPEC for antitrust  violations. "Editorial -- Sue OPEC." New York Times (6.19.08).

• The ITC for the first time has authorized CVD after a subsidies determination against a Chinese firm.  "Trade Panel Backs Penalties on China Over Pipe Subsidies." Washington Post (6.21.08).

• Two recent pieces on international law and the WTO are the following: "Dispute Settlement & Globalization." (2007 WTO Public Forum) (2008); Lamy, "The Place of the WTO in the International Legal Order." (2008).

• Four global airlines plead guilty to  international price-fixing of air cargo rates and to pay more than $500 million in criminal fines." "Major International Airlines Plead Guilty." U.S. Dept. of Justice News Release (June 26, 2008).

• An interesting case involves the possible application of the civil provisions of the U.S. Rico legislation by the Russian Arbitration Court in Moscow in an action by Russia against the Bank of New York Mellon for money laundering violation under U.S. law.  "U.S. Legal Eagles Fly in for Moscow Case." Financial Times (6.30.08). 

• China has held a conference on WTO dispute settlement from the developing countries perspectives. "Lamy & Dialogue on WTO / DSU," (WTO News July 9, 2008).

• Report about globalization, trade and bettering the lives of people worldwide. "World Trade Report -- Trade in a Globalizing World." (2008).

• A WTO panel ruled against China in the auto supply case.  The first loss for China in the WTO dispute resolution system. WTO Panel (Conclusions) (July 18, 2008);  Edited Case; "China Taxation of U.S. Auto Parts." (USTR News 7.18.08).

• New antitrust rules in China and India to take effect so have sparked fears of negative impact on mergers. "Antirust in Asia and Mergers." Financial Times (7.28.08).

• Brazil has threatened ti file a new WTO case concerning U.S. tariffs on Ethanol from Brazil. "Brazil to Dispute U.S. Subsidies." Financial Times (August 3, 2008).

 

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