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The Section 301 Action Against China (Fed. Reg. filing by Steve Charnovitz)

Comments by Professor Steve Charnovitz regarding the Proposed Determination of Action Pursuant to Section 301 By Professor Steve Charnovitz George Washington University USTR-2018-0018 July 23, 2018 This is a comment regarding the proposed action of imposing an additional 25 percent ad valorem duty on the products classified in the list
Charnovitz 24 Jul 2018 2 min read

The Constitutional Claim Against Section 232

Following up on their complaint, this is from a Motion for Summary Judgment filed by the American Institute for International Steel and two companies last week: SECTION 232 IS UNCONSTITUTIONAL AS AN IMPROPER DELEGATION OF LEGISLATIVE AUTHORITY AND A VIOLATION OF SEPARATION OF POWERS. Plaintiffs’ nondelegation challenge to section 232
Simon Lester 22 Jul 2018 6 min read

Deciding Whether the Section 232 Tariffs Are Safeguard Measures

So far, there have been 13 WTO consultations requests related to the Section 232 tariffs and the subsequent retaliation. Here are the 8 requests against the Section 232 tariffs, which allege violations of the GATT, and also allege that the tariffs are safeguard measures and violate the Safeguards Agreement: U.
Simon Lester 19 Jul 2018 1 min read

EU DSU Reform Proposals

Bryce Baschuk of Bloomberg has posted a European Commission document with some WTO modernization proposals.  This is from the part on dispute settlement: EU position: Without prejudice to EU position on whether the concerns formulated by the United States are well founded, this paper explores avenues in which addressing these
Simon Lester 16 Jul 2018 5 min read

The U.S. Challenges the Section 232 Retaliatory Tariffs

I had been wondering if the U.S. would bring WTO complaints against the tariffs applied by various governments in retaliation for the Section 232 steel and aluminum tariffs. USTR has just announced that it will: The United States today launched separate disputes at the World Trade Organization (WTO) against
Simon Lester 16 Jul 2018 1 min read

The Timing of Panel Reports

As I discussed recently, the U.S. has raised the issue of the length of time it has been taking the Appellate Body to circulate its reports. But what about the length of time panels have been taking? DSU Articles 12.8 and 12.9 say this: 8. In order
Simon Lester 09 Jul 2018 3 min read

How Do We Measure Trade-Restrictiveness?

Back in 2000, the Appellate Body said this in Korea - Beef about the "necessary" standard in GATT Article XX(d): 164. In sum, determination of whether a measure, which is not "indispensable", may nevertheless be "necessary" within the contemplation of Article XX(d)
Simon Lester 05 Jul 2018 4 min read

Busy Week Coming Up For IEL Conferences in DC

Next week is a busy week for international economic law conferences in DC. On Wednesday, Georgetown's Institute of International Economic Law and the Graduate Institute Center for Trade and Economic Integration will host the G2 Conference on Resolving Disputes in International Economic Law. And then on Thursday, Friday,
Simon Lester 05 Jul 2018 1 min read

New Position: Postdoctoral Fellow for Project on the Belt & Road Initiative

The Singapore Management University (SMU) is seeking a post-doctoral fellow, in a position jointly sponsored by SMU’s School of Law and School of Social Sciences. This position is on an exciting new interdisciplinary research project studying the interplay between infrastructure building and institutional building under China’s Belt &
Henry Gao 02 Jul 2018 1 min read

How To Negotiate Lower Tariffs

This is from Axios: Axios has obtained a leaked draft of a Trump administration bill — ordered by the president himself — that would declare America’s abandonment of fundamental World Trade Organization rules. Why it matters: The draft legislation is stunning. The bill essentially provides Trump a license to raise U.
Simon Lester 01 Jul 2018 1 min read

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International Economic Law and Policy Blog

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Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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