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Does Congress Care about Delegating More Power Over Trade to the Executive Branch Through the USMCA Sunset Clause?

Inside US Trade has a copy of the draft Statement of Administration Action for the USMCA here. One thing that jumped out at me was that there was no mention of the sunset clause, i.e., Article 34.7: Review and Term Extension. That provision states in part: 1. This
Simon Lester 05 Jun 2019 2 min read

The U.S. and China Are Talking about What Went Wrong in the U.S.-China Trade Talks

China has now put out a White Paper on the "China-U.S. Economic and Trade Consultations." Bloomberg has the English translation here. This is one passage:: The US government accusation of Chinese backtracking is totally groundless. It is common practice for both sides to make new proposals
Simon Lester 04 Jun 2019 2 min read

Kamala Harris on the Proposed Tariffs on Mexico

Here is presidential candidate Kamala Harris being interviewed by Telemundo’s Julio Vaqueiro, talking about Trump's proposed tariffs on Mexican imports to deal with immigration issues: Vaqueiro: “President Trump just yesterday said that he is going put some tariffs on all Mexican imports, until Mexico stops illegal immigration
Simon Lester 04 Jun 2019 2 min read

The WTO Appellate Body Crisis: A Critique of the EU's Article 25 Proposal

Steve Charnovitz 2 June 2019 Recent reports indicate that the EU is proposing to use Article 25 of the WTO's Dispute Settlement Understanding (DSU) to provide a temporary solution to the ongoing crisis in the Appellate Body of not having enough appellators to adjudicate appeals and to render
Charnovitz 02 Jun 2019 4 min read

Trump's Threatened Tariffs on Mexico Show the Need for Congress to Curb Emergency Authority

Steve Charnovitz May 31, 2019 Yesterday on May 30, President Trump threatened to impose escalating tariffs on Mexico unless the Mexican government takes action to stem the tide of individuals lacking US entry visas from seeking to cross over the Mexican side of the US-Mexican border.  Whether Mexico has
Charnovitz 31 May 2019 2 min read

Canada Introduces Implementing Legislation on USMCA

On May 29, Canadian Prime Minister Justin Trudeau introduced Bill C-100, the "Canada-United States-Mexico Agreement Implementation Act," into the House of Commons. This paves the way for ratification in Canada, which could take place before the parliamentary recess on June 21st. A number of news
Inu Manak 30 May 2019 3 min read

Farewell speech of Appellate Body member Peter Van den Bossche

Peter Van den Bossche, departing Appellate Body member, delivered his farewell speech to the WTO Dispute Settlement Body on May 28, 2019. The full text is below, and certain to generate discussion: Ambassador Walker, Deputy Director-General Brauner, Excellencies, colleagues, friends, ladies and gentlemen, I stand here before you with
Inu Manak 29 May 2019 8 min read

CHINA's "INDUSTRIAL SUBSIDIES": IS THE WTO's AB JURISPRUDENCE ABOUT THE DEFINITION OF A "PUBLIC BODY" AN INSTANCE OF THE WORST KIND OF JUDICIAL ACTIVISM?

Technically, China's  "industrial subsidies" are subsidies granted by State-Owned Enterprises (SOEs) that do not fall under the concept of "public body" as understood by the WTO Appellate Body. Recall that a financial contribution in the sense of Article 1 of the SCM could
Marc Benitah 28 May 2019 8 min read

Seeking Applications for JIEL Editorial Assistant Position

Sent on behalf of Profs. Joost Pauwelyn and Chris BrummerThe Journal of International Economic Law is seeking applications for the position of an Editorial Assistant. This position is half-time and normally for one year, but it has been extended in the past and we are flexible in this respect.
Simon Lester 27 May 2019 1 min read

The Book "The WTO Law of Subsidies: A Comprehensive Approach" is now published

Dear Blog Colleagues Allow me please to signal that my book "The WTO Law of Subsidies: A Comprehensive Approach" is now published and available at Kluwer eStore. Best Regards. Marc PRINT  format: Kluwer eStore KINDLE format   Amazon.com
Marc Benitah 26 May 2019 1 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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