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Simon Lester

Enforcement of the USMCA: Establish a Roster Now?

Bloomberg reports: The White House and congressional Democrats have opened talks to resolve outstanding details that have thus far held up the new North American trade deal, according to people briefed on discussions between House Speaker Nancy Pelosi and trade chief Robert Lighthizer. Pelosi told Lighthizer that she will designate

Questions about WTO Appellate Review Reform Proposals and Alternatives

Here are the questions for discussion for what looks to be a great conference at the World Trade Institute this coming Friday: Questions posed to the panel on “Scope of and timeframe for appellate review” • Should the objectivity of factual findings of a panel be subject to appellate review? • Should

Import Surge Protection and Retaliation in the Section 232 Agreements

Here's one aspect of the Section 232 steel/aluminum tariff removal agreements/understandings mentioned in a post last Friday (the excerpt below is from the agreement with Canada): After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of the

Non-Delegation Constitutional Law Cases Coming

Keep your eye out for the Gundy Supreme Court decision, which should be out soon: the underlying issue is whether the court will revive the long-dormant principle that Congress cannot delegate its legislative power to executive agencies. The court has not struck down a federal law as an excessive delegation

Four "National Security" Disputes Down, A Bunch More To Go

Canada/Mexico and the United States have worked out a deal to get rid of the Section 232 steel/aluminum tariffs and the retaliatory tariffs. This is from Global Affairs Canada: After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of

Guest Post: The Trade Policy Review Mechanism at 30: Happy Anniversary or Something Else?

This is a guest post from professor Martin Edwards This has been a difficult time for the WTO. Stories of the deepening crisis in the Dispute Settlement Body, and the looming threat of a President who has threatened to pull the US out have all been headlines in recent months.

Banning Huawei for National Security Reasons

Politico reports: President Donald Trump on Wednesday signed an executive order laying the groundwork to block Chinese telecommunications companies like Huawei from selling equipment in the U.S., a move aimed at neutralizing Beijing’s ability to compromise next-generation wireless networks and U.S. computer systems. The order prohibits the

WTO Moot Court Case Author Wanted

ELSA International (the European Association of Law Students) is looking for a case author for the next year's edition of its John H. Jackson Moot Court on WTO Law (formerly know as the EMC2). The call has been posted on the moot court's website: https://johnhjacksonmoot.

A Proposal for "Rebalancing" To Deal With "National Security" Trade Restrictions

As much fun as it is to think about what GATT Article XXI means, and to analyze WTO panel reports that interpret and apply it, I'm skeptical that WTO litigation about measures for which the responding party has invoked the national security exception will help resolve many trade

Kamala Harris on Trade Policy

This is from an interview by Jake Tapper with presidential candidate Kamala Harris: TAPPER: President Trump, as you know, slapped higher tariffs on Chinese exports on Friday morning, dialing up pressure for a trade deal with the Chinese. HARRIS: Yes. TAPPER: Now, your leader, Chuck Schumer, tweeted earlier this week