Simon Lester

In my last post, I highlighted the comments of John Leddy, a U.S. delegate to the GATT negotiations, on the meaning and scope of the GATT security exception. But you probably noticed that the version under discussion as part of the New York draft does not have the crucial

In the New York draft of the GATT, the security exception was in Article 37, and was combined with the exceptions that are now part of GATT Article XX. Here's what the security exception looked like in this draft: SECTION H. GENERAL EXCEPTIONS Article 37 General exceptions to

Presidential proclamations here and here. Canada and Mexico exempt for now. Here is the situation for other countries (from the steel proclamation): 9.  In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our

In anticipation of possible U.S. tariffs/quotas on steel/aluminum imports under Section 232, citing national security, I'm going to run through the possible WTO claims against such measures. Let's hope everyone can talk the Trump administration out of this, but if not, a WTO

This is a guest post from Dr. Szilárd Gáspár Szilágyi, a Postdoctoral Fellow at PluriCourts, University of Oslo These are exciting times for both investment law and EU law professionals. The EU’s recent moves in international investment law have become the topic of much discussion, be it the conclusion

This is from Politico: But European Union officials are already planning retaliatory actions, targeting products from politically sensitive Republican-run states, including the imposition of tariffs on Harley-Davidsons made in Speaker Paul Ryan’s home state of Wisconsin; duties on bourbon made in Senate Majority Leader Mitch McConnell’s home state

If you are looking for a distraction from the general panic about Trump's possible steel/aluminum tariffs, take a look at this from Inside US Trade: Efforts to fix NAFTA’s state-to-state dispute settlement process have also progressed during this round, sources said. Mexico and Canada are making

The WTO Secretariat is advertising for a new Director of the Rules Division (application deadline March 28): General Functions  The incumbent will lead the Rules Division, which is responsible for all matters in the areas of subsidies, contingent trade remedies (anti-dumping, countervailing measures and safeguards), trade-related investment measures, state trading

Here's something else from USTR's 2018 Trade Policy Agenda and 2017 Annual Report: iv. Appellate Body Review of facts and review of a Member’s domestic law de novo Another significant concern is the Appellate Body’s approach to reviewing facts. Article 17.6 of the

Here's a concise summary of what is happening with the Section 232 steel/aluminum tariffs: President Trump said some things yesterday about tariffs on steel and aluminum. We'll find out next week (or later) what, if anything, it means.