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Highlights of the ITC Report on the USMCA's "Likely Impact on the U.S. Economy and on Specific Industry Sectors"

Here's the headline number from today's ITC report on the impact of USMCA: The Commission’s model estimates that USMCA would raise U.S. real GDP by $68.2 billion (0.35 percent) and U.S. employment by 176,000 jobs (0.12 percent). The model
Simon Lester 18 Apr 2019 4 min read

Peremptory Challenges during Panelist Composition in NAFTA 2.0

This is from the dispute settlement chapter of USMCA (Inu pointed it out to me): Article 31.9: Panel Composition ... 3. A panelist shall normally be selected from the roster. A disputing Party may exercise a peremptory challenge against an individual not on the roster who is proposed as a
Simon Lester 18 Apr 2019 1 min read

Can Special and Differential Treatment Reduce Poverty?

In January, the Trump Administration attacked the use of special and differential treatment (SDT), by virtue of developing country status, by China, India, Brazil, and a number of other countries (not to mention Singapore, South Korea, and Israel).  The argument, focusing on China, is that China is the world’s
Joel Trachtman 18 Apr 2019 2 min read

In USMCA Ratification Fight, It's Much Ado about Labor

Congressional Democrats are starting to flex their muscles against President Trump’s trade policy. As ratification of the U.S.-Mexico-Canada Agreement (USMCA) hangs in the balance, House Speaker Nancy Pelosi and other prominent Democrats have called on U.S. Trade Representative Robert Lighthizer to strengthen enforcement of the
Inu Manak 17 Apr 2019 6 min read

Three Scenarios for the Future of the WTO Appellate Body, or: Why WTO Members Should Start Negotiating a DSU 2.0

A fundamental uncertainty bedevils attempts to unblock the appointment process of WTO Appellate Members: is the US holding up Appellate Body appointments in order to generate enough leverage for a negotiated reform of WTO dispute settlement? Or does the US seek to abolish the Appellate Body (in effect if not
Nicolas Lamp 15 Apr 2019 5 min read

Business Reactions to Trade Wars

There is a Chinese saying that “when there is a policy from the above, there is a reaction from the below” (“上有政策, 下有对策”). This is exactly what has happened since the inception of trade wars.  Both domestic and international businesses have attempted to avoid the punitive tariffs through various means,
Sungjoon Cho 14 Apr 2019 1 min read

Shaffer and Gao on China's Marshall Plan

Greg Shaffer and Henry Gao have a new paper called "A New Chinese Economic Law Order?" Here is the abstract: China is incrementally developing a new, decentralized model of trade governance through a web of finance, trade, and investment initiatives involving memorandum of understandings, contracts, and trade and
Simon Lester 14 Apr 2019 3 min read

Celebrating 30 years of TPRM but noting it could be much better

It is great to see the WTO’s news item on 12 April celebrating the 30th anniversary of the Trade Policy Review Mechanism (see https://www.wto.org/english/news_e/news19_e/tpr_12apr19_e.htm   and https://www.wto.org/english/tratop_e/tpr_e/tprm30_e.htm
Brett Williams 13 Apr 2019 1 min read

Book Release: Building Legal Capacity for a More Inclusive Globalization

This is from the Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva: The Center for Trade and Economic Integration (CTEI) at the Graduate Institute in Geneva announces the release of a new edited book by Joost Pauwelyn and Mengyi Wang, entitled "Building Legal Capacity
Inu Manak 13 Apr 2019 2 min read

Annual Update on WTO Dispute Settlement is Today!

The Graduate Institute's Annual Update on WTO Dispute Settlement is today, Wednesday, April 10, 5-7pm Geneva time. If you cannot be there in person, we are live-streaming the event here: http://tinyurl.com/y5g3beww PROGRAMME 17:00 to 17:30 OVERVIEW OF ACTIVITIES AND DEVELOPMENTS IN
Joost Pauwelyn 10 Apr 2019 2 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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