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Guest Post: President Trump Cannot Legally Impose Tariffs Using Section 122 of the Trade Act of 1974

If the Supreme Court strikes down nonreciprocal tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Trump Administration reportedly plans to re-impose some of the tariffs by citing authorities in other laws.
Simon Lester 21 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
Simon Lester 20 Jan 2026 4 min read

Call for Submissions: Trade, Law and Development

This is from the editors of the Trade, Law and Development journal: The Board of Editors of TL&D is pleased to invite original, unpublished manuscripts for publication in the General Issue of the Journal (Vol. XVII, No. 2) in the form of ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’
Simon Lester 18 Jan 2026 1 min read

Katherine Tai on WTO Dispute Settlement Reform

Back in November, former U.S. Trade Rep. Katherine Tai spoke on a panel at Harvard (I just stumbled on the video recently). Towards the end, she responded as follows to a question about the Appellate Body appointments crisis (1:08:32 of the video): On the Appellate Body, ... if
Simon Lester 16 Jan 2026 4 min read

Essays in Honour of Valerie Hughes: Appellate Review, WTO Secretariat Handling FTA Disputes, and Much More

Nicolas Lamp recently put together a book honoring the great Valerie Hughes: "Reckoning and Renewal: The World Trade Organization and Its Dispute Settlement System at 30, Essays in Honour of Valerie Hughes."
Simon Lester 13 Jan 2026 3 min read

Some Interesting Provisions in the EU-Mercosur Interim Trade Agreement DS Chapter

We appear to be moving closer to a completed EU-Mercosur trade agreement, with the European Council announcing last week that it had "adopted two decisions authorising the signature of the EU-Mercosur Partnership Agreement (EMPA) and of the Interim Trade Agreement (iTA) between the EU and Mercosur."
Simon Lester 12 Jan 2026 3 min read

2025 Had the Most WTO Complaints Since 2019

Despite the ongoing crisis with the WTO Appellate Body, which has been only partially solved by the creation of the MPIA, 2025 saw a bit of an increase in the filing of requests for consultations under the DSU.
Simon Lester 08 Jan 2026 1 min read

Guest Post: Threat-Based Trade Remedies in the EU: Increasing Use Amid Urgent Climate Objectives

This is a guest post from Florin D. Dascalescu, Senior legal counsel at the European Investment Fund (EIF) Introduction This post is based on my recent article published in the Journal of World Trade (JWT),[i] which examines several legal concepts by using as an example the EU anti-subsidy
Simon Lester 06 Jan 2026 8 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American
Simon Lester 05 Jan 2026 5 min read

Questions about the Trump Administration's Trade Deals and Compatibility with WTO Obligations

An issue that has been raised in relation to the Trump administration's various trade deals is whether they are compatible with WTO obligations. GATT Article XXIV, along with the Uruguay Round Understanding on the Interpretation of Article XXIV, sets out specific conditions that bilateral/regional deals on trade
Simon Lester 02 Jan 2026 4 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

EU WTO Reform Proposal Seeks To Extend Accession-Based State Enterprise Rules To All Members

In a new WTO reform paper entitled "Further Reflections on Disciplines, Subsidies and Industrial policy," the EU argues for stronger WTO disciplines on the behavior of state enterprises.
17 Jul 2026 5 min read

Governments Make Their Case Against Section 301 Forced Labor Tariffs

Last month, USTR made a determination in its Section 301 investigation into "Acts, Policies, and Practices of Various Economies Related to the Failure To Impose and Effectively Enforce a Prohibition on the Importation of Goods Produced With Forced Labor."
10 Jul 2026 5 min read

How Should the EU Get Tough with China? Unilateral Action vs. WTO Complaints

I've seen several recent calls for the EU to get tougher in its economic relations with China, along with arguments that it has been too slow to act against the Chinese economic threat.
06 Jul 2026 4 min read

Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?

Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting.
01 Jul 2026 4 min read

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