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Latest — 10 Apr 2026

Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations

At a Hudson Institute event earlier this week, U.S. Trade Rep. Jamieson Greer had the following exchange with Peter Rough of Hudson on EU digital regulations: Rough: The joint statement last August with the Europeans filling out the Turnberry agreement that the President struck with Commission President von der

Simon Lester 3 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
Simon Lester 08 Apr 2026 5 min read

The Future of the TRIPS Agreement Non-Violation / Situation Complaint Moratorium

One of the things that didn't get done at MC14 was the adoption of a Ministerial Decision to extend the moratorium on TRIPS Agreement non-violation and situation complaints. As explained by the WTO DG, this issue will now be part of the continued work in Geneva.
Simon Lester 07 Apr 2026 6 min read

It’s the End of the World (TO) as We Know it

Revealed Preferences Matter China, the EU (European Union), and the U.S. have in recent weeks all tabled in writing their views regarding the future of the WTO.[1] The end result should leave no one in doubt that coordination costs between the three dominant players in the trading sphere
Petros Mavroidis 06 Apr 2026 6 min read

Entrusting FTA Panel Assistance To an "External Body"

I was intrigued by a provision in the dispute settlement chapter of the recently released Australia-EU FTA text that contemplates administrative and legal support to a panel being provided by an "external body" rather than through the ad hoc arrangements that FTAs tend to use
Simon Lester 02 Apr 2026 2 min read

Guest Post: Carbon Borders Without Differentiation: Why India's Challenge Tests the European Union’s Climate Diplomacy

This is a guest post from Bhavya Johari, a Lecturer at Jindal Global Law School, O.P. Jindal Global University As the European Union's Carbon Border Adjustment Mechanism (CBAM) enters its definitive phase, India confronts a fundamental challenge to differentiated responsibility under the Paris Agreement. With default values
Simon Lester 31 Mar 2026 5 min read

European Parliament Cites GATT Article XXI as Justification for Trade Deal with U.S.

Last year, I raised the issue of how the security concerns of certain governments were a crucial factor in their trade negotiations with the U.S., with the Ukraine war and the U.S.-EU trade negotiations as my focus.
Simon Lester 29 Mar 2026 3 min read

Guest Post: Are We One Step Away from a Ministerial Decision to Incorporate the IFD Agreement into Annex 4?

This is a guest post from Antoine Comont (University of Bordeaux, Laval Universiy). Adopted the 13th February 2024, the Investment Facilitation for Development Agreement (IFDA) was the subject of a draft decision for incorporation into Annex 4 of the WTO Agreement at the 13th Ministerial Conference (MC13) in Abu Dhabi.
Simon Lester 26 Mar 2026 4 min read

What Value Does the U.S. See In an E-Commerce Duty Moratorium in the Absence of Effective Enforcement through the DSU?

One of the big issues the U.S. is pushing at MC14 is a permanent extension of the WTO's moratorium on customs duties on electronic transmissions. In a recent statement at a General Council meeting related to preparations for MC14, the U.S. said: Intervention on the Moratorium
Simon Lester 25 Mar 2026 3 min read

The Trump and Biden Administrations' Proposals on the WTO Security Exceptions

In a communication posted on the WTO website yesterday, entitled "Further Perspectives on WTO Reform," the U.S. calls for an authoritative interpretation of the WTO security exceptions to make clear that "[i]n any dispute in which a Member invokes the essential security exception, a WTO
Simon Lester 24 Mar 2026 3 min read

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Featured

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

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