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The Internal U.S. Government Debate over the GATT Security Exception

Mona Pinchis-Paulsen has a great new paper called "Trade Multilateralism and National Security: Antinomies in the History of the International Trade Organization". I highly recommend pp. 11-25, which describes the internal U.S. government debate on the power to interpret the security provisions. I don'
Simon Lester 21 Mar 2019 1 min read

May the (Trade) Force Be With You

How will trade wars unfold?  Are we doomed?  History may scare us.  Before the dawn of the American Republic, it was the trade wars among thirteen Confederates that wreaked havoc on the fragile Articles of the Confederation.  Fast forward, the interwar trade wars, triggered by the ill-famed Smoot-Hawley
Sungjoon Cho 15 Mar 2019 2 min read

"Imports" of Carbon Emissions

As a political stunt, I really like this: U.S. Rep. Bill Pascrell, Jr. (D-NJ-09), a member of the tax-writing House Ways and Means Committee and its Subcommittee on Trade, sent a letter to U.S. Commerce Secretary Wilbur Ross calling on him to initiate an investigation
Simon Lester 14 Mar 2019 3 min read

Would Speeding up WTO Dispute Settlement Help With the Appellate Body Crisis?

Article 12 of the DSU specifies these time-frames for panels to issue reports: 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon
Simon Lester 14 Mar 2019 2 min read

Does USMCA Article 31.8 Fix the Roster Problem?

As we all know, many years ago there was a problem with the U.S. blocking the appointment of a panel under NAFTA Chapter 20 (one key issue in this regard was the establishment of a roster; full details here). When I looked at Chapter 31 of the USMCA, my
Simon Lester 11 Mar 2019 3 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part B)

This is Part B of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† IV. Instituting a complaint for a violation of DSU Article 17.2. While bringing the US tariff dispute to the WTO on January 29, 2019, China asserted that the US’s actions to block AB
Simon Lester 07 Mar 2019 7 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part A)

This is Part A of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† I. Introduction The joint communication from the European Union and 11 other nations tabled in the General Council meeting held on 12-13 December 2018 (“EU DSU Proposal”) was the last comprehensive set of publicly
Simon Lester 07 Mar 2019 7 min read

Call for Papers: Public Health and Global Governance of Alcohol

A conference on Public Health and Global Governance of Alcohol will be held 30 September – 3 October 2019 in Melbourne, Australia. Abstracts for papers proposed for presentation at the conference must be submitted to the website by 1 April, 2019. This meeting seeks to examine how global and regional governance
Tania Voon 07 Mar 2019 1 min read

Guest Post: Background and Impact of US’s intention to “terminate” GSP benefits to India

This is a guest post by Vineet Hegde, a PhD researcher in International Law at the Leuven Centre for Global Governance Studies at KU Leuven, Belgium. In the previous post by Simon Lester, he wrote about USTR’s decision to “terminate” GSP preferences to India. This is a second post
Simon Lester 05 Mar 2019 4 min read

U.S. Terminates GSP Benefits for India and Turkey

This is from USTR: At the direction of President Donald J. Trump, U.S. Trade Representative Robert Lighthizer announced today that the United States intends to terminate India’s and Turkey’s designations as beneficiary developing countries under the Generalized System of Preferences (GSP) program because they no longer comply
Simon Lester 05 Mar 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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