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NAFTA vs. USMCA vs. Something Else

Here is a comment from Ambassador Lighthizer in response to a question from Congressman Panetta at last week's House Ways and Means Committee hearing (starts at 3:23:09), on the choice between NAFTA or USMCA: I think we have clearly made an enormous, probably enormous, improvement in
Simon Lester 24 Jun 2019 1 min read

China NME case suspended

Since no one else has raised it yet on this blog, I'll note that the WTO Panel hearing China's case against the EU regarding the use of a non-market economy methodology in anti-dumping cases suspended its work on 14 June (DS516/13). Such suspensions
Jesse Kreier 20 Jun 2019 1 min read

Congress Asks Lighthizer About the Sunset Clause

I have been suggesting that Congress should clarify its role in the decision required under the USMCA's sunset clause on whether to extend the agreement, and Congressman Steven Horsford came through for me at yesterday's House Ways and Means Committee hearing (starts at 3:37:50)
Simon Lester 20 Jun 2019 2 min read

USTR Lighthizer Comments on NAFTA/USMCA State-State DS Panel Blocking

This is from an exchange between Senator Carper and U.S. Trade Representative Lighthizer at a Senate Finance Committee hearing today (starts at 2:03:07): Senator Carper: “My second question revolves around USMCA dispute settlement. The state-to-state dispute settlement system in the new NAFTA continues to allow
Simon Lester 18 Jun 2019 5 min read

Call for Proposals: International Economic Law And Security Interests Conference

From the Amsterdam Center for International Law and the International Economic Law Interest Group of the European Society of International Law: Call for Proposals – International Economic Law and Security Interests – ACIL-ESIL Amsterdam Conference On 14-15 November 2019, the Amsterdam Center for International Law and the International Economic Law
Simon Lester 17 Jun 2019 1 min read

India, safeguards and developing Member status

These days, when issues of justiciability or unilateralism arise, the security exception in Article XXI of GATT 1994 comes immediately to mind. However, these issues can arise in very different contexts, such as safeguards. The Agreement on Safeguards exempts small suppliers of a product from developing Members from safeguard measures,
Jesse Kreier 16 Jun 2019 1 min read

Joe Biden on Tariffs and Trump's Trade Strategy

This is from a speech today by Democratic presidential candidate Joe Biden: America's farmers have been crushed by his tariff war with China. No one knows that better than Iowa. He thinks he's being tough. Well, it's easy to be tough when someone else
Simon Lester 11 Jun 2019 3 min read

Pete Buttigieg on Tariffs and Trump's Trade Strategy

This is from Democratic presidential candidate Pete Buttigieg at a recent town hall event: The San Joaquin Valley helps feed not just America, but the world. The products that are grown here are world-class and yet what we’re finding is because of a short-sighted, I can’t
Simon Lester 11 Jun 2019 1 min read

Call for Submissions: Trade, Law and Development

This is from the Board of Editors at Trade, Law and Development: The Board of Editors of Trade, Law and Development is pleased to invite original, unpublished manuscripts for publication in the Winter ’19 Issue of the Journal (Vol. 11, No. 2) in the form of Articles, Notes, Comments and
Inu Manak 11 Jun 2019 1 min read

Abraham Lincoln on the Tariff

Some of you may have come across this purported quote from Abraham Lincoln before: "I do not know much about the tariff, but I know this much, when we buy manufactured goods abroad, we get the goods and the foreigner gets the money. When we buy the manufactured goods
Simon Lester 10 Jun 2019 1 min read

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Featured

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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