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Guest Post: The national security exception in light of US – Certain Measures on Steel and Aluminum Products

This is a guest post from Csongor István Nagy, professor of law, University of Szeged and HAS-Szeged Federal Markets “Momentum” Research Group In this post, I demonstrate three points. First, at the present stage of development the security exception is only slightly judicialized. Second, acts adopted under this exception
Inu Manak 02 Sep 2019 6 min read

Beto O'Rourke on Trade Policy

In a new post, he has a lot to say! Here are some snippets: President Trump’s disastrous trade war, which he claims was designed to save American jobs, has done just the opposite. “If I’m elected,” President Trump told workers and businesses, “you won’t lose one plant.
Simon Lester 29 Aug 2019 4 min read

The USMCA Sunset Clause Will Not Help Much with Enforcement

A couple months ago, I pushed back on the idea that the USMCA sunset clause will help with enforcement. Now I see it popping up again. This is from Inside US Trade: ... [Tom] Vilsack also argued that the review function in the new agreement -- a watered-down version of a
Simon Lester 27 Aug 2019 2 min read

News Reports About the U.S.-Japan Trade Deal Raise Some Questions

This is from the Nikkei Asian Review: Japan and the U.S. reached a broad trade deal Saturday, with Tokyo agreeing to lower its tariffs on American beef and pork to levels set by the Trans-Pacific Partnership while letting Washington maintain its 2.5% levy on Japanese autos for
Simon Lester 25 Aug 2019 4 min read

Humpty Dumpty and the Illusion of 'Evolutionary Interpretation' in WTO Dispute Settlement

This is a new paper from Graham Cook of the WTO: For those interested, here is a new paper called "Humpty Dumpty and the Illusion of 'Evolutionary Interpretation' in WTO Dispute Settlement" included in Evolutionary Interpretation and International Law (which brings together authors from diverse areas
Simon Lester 23 Aug 2019 1 min read

Can Industrial Policy Be Kept Out of the Wrong Hands?

Todd Tucker has a new paper in which he argues in favor of "industrial policy and planning." I was planning to follow a policy of industriously ignoring it, because I didn't want to call attention to it. Better just not to talk about it, I thought.
Simon Lester 21 Aug 2019 3 min read

Can Party Modifications to DSU Rules on Appellate Review Help with the Appellate Body Crisis?

What is the scope of party modifications to the DSU for particular cases, and could it help with the Appellate Body appointment crisis? It may not be an ideal solution, but take a look at the following example and see if it could be applied to the Appellate Body crisis.
Simon Lester 18 Aug 2019 3 min read

What's the Status of Panel Blocking in the New NAFTA?

This is from Ambassador Lighthizer's responses to the questions for the record from a June 19 House Ways and Means Committee hearing: From Representative Bill Pascrell to Ambassador Robert E. Lighthizer 1. Using Section 301 could invite retaliation. And Mexico and Canada agreed to fix panel-blocking in
Simon Lester 18 Aug 2019 1 min read

Tenure-Track Position in International Economic Law at the University of Ottawa, Faculty of Law, Common Law Section

From the advertisement, hat tip to Debra Steger:  "The Common Law Section of the Faculty of Law at the University of Ottawa invites applications for a tenure-track position as an Assistant, Associate, or Full Professor in International Economic Law commencing July 1, 2020. APPLICATION DEADLINE: September 30, 2019.
Joel Trachtman 15 Aug 2019 1 min read

Collateral Damages of the Trade War

Two researchers from the Kiel Center for Globalization (Haiou Mao and Holger Görg) have just published a working paper entitled “Friends like This: The Impact of the US – China Trade War on Global Value Chains.”  Based on the notion of “cumulative and indirect tariffs” in global value chains (GVCs), the
Sungjoon Cho 12 Aug 2019 1 min read

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What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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