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Does Hiring Strikebreakers Violate the USMCA?

This is from Lance Compa of Cornell Law School: ... a more than two-months-long strike provoked by a multibillionaire Mexican business tycoon has cast a cloud over the new trade pact’s provisions to strengthen workers’ rights. Citing management’s bad-faith bargaining, nearly 2,000 workers have walked
Simon Lester 02 Jan 2020 1 min read

The Scorecard of the USMCA Protocol of Amendment

This post is by law professors David Gantz and Sergio Puig Introduction The U.S. House of Representatives approved December 19 the United States-Mexico-Canada Agreement (USMCA) by an overwhelming margin of 385-41. The Senate is expected to do the same in mid-January. As everyone knows by
Simon Lester 23 Dec 2019 6 min read

Guest Post: Japan–South Korea Trade Friction

This is a guest post from law professor Bashar H. Malkawi: Japan imposed tighter export control measures on chemicals used by South Korean companies to produce semiconductors and smart phones and TV displays. In addition, Japan removed South Korea from a "white list" of twenty-seven preferential trading
Simon Lester 23 Dec 2019 4 min read

The Resurrection of the Appellate Body: Three Proposals

The Appellate Body is dead. But not all hope is lost. Instead, we could still bring it back, and there are at least three different ways: 1. The first is launching the Appellate Body appointment process by forcing a vote through the General Council as per Article IX.1 of
Henry Gao 22 Dec 2019 4 min read

Does the present paralysis of the AB mean that the WTO is dead? No, and this is why.

By an odd coincidence, it seems that we have actually returned to the situation that prevailed in the previous GATT 1947 system. Recall that this system was characterized by a strange feature that allowed a veto by the losing party as soon as it communicated that it wanted to explore
Marc Benitah 22 Dec 2019 2 min read

USMCA in Last Night's Debate

This is from last night's Democratic debate: WOODRUFF: Let's turn now to an issue that is on the minds of all Americans, and that is the economy. Senator Sanders, today, the House of Representatives voted for a new bipartisan trade agreement among the United States, Canada
Simon Lester 20 Dec 2019 2 min read

The House Passes USMCA by a Wide Margin

In October of 2017, I noted that U.S. Trade Representative Bob Lighthizer said he hoped to “get back to the days where there was a substantial majority of people in both parties that voted for these trade agreements,” adding “that is my objective right now. I want to have
Simon Lester 19 Dec 2019 2 min read

The U.S. Appeal in DS436

In the last post, I talked about what might happen as a result of the U.S. appeal "into the void" of the Article 21.5 panel report in DS436. Let me now add to the confusion. The full text of the U.S. appeal, as posted in
Simon Lester 19 Dec 2019 2 min read

The Future of U.S. Participation in WTO Disputes

This is from the U.S. statement at today's DSB meeting: As discussions among Members continue, the dispute settlement system continues to function. The central objective of that system remains unchanged: to assist the parties in the resolution of a dispute. As before, Members have many methods to
Simon Lester 18 Dec 2019 2 min read

Debunking the NFTC Report regarding Antidumping

Debunking the NFTC Report regarding Antidumping Steve Charnovitz 18 December 2019 Yesterday, the (US) National Foreign Trade Council (NFTC) released a Report Resolving the WTO Appellate Body Crisis: Proposals on Overreach. The Report proposes that "guidance" be given to the Appellate Body that WTO adjudicators must examine broadly
Charnovitz 18 Dec 2019 2 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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