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Appointment of Panelists under the Modernised EU-Mexico Trade Agreement

This is from the dispute settlement chapter of the Modernisation of the Trade part of the EU-Mexico Global Agreement: Article X.5 Composition of a Panel 1. A panel shall be composed of three panellists.     2. Within [X] days from the date of receipt of the written request for
Simon Lester 26 Sep 2018 3 min read

What Is the Value of the Section 232 Auto Tariff Carveout?

In a side letter to the U.S.-Mexico agreement that is part of the NAFTA renegotiation, it appears that the U.S. has agreed that if it imposes tariffs on auto imports pursuant to Section 232, a certain amount of Mexican auto imports will be exempt. (You could also
Simon Lester 21 Sep 2018 2 min read

Guest Post: Public Order Clause, Systemic Assault on the Rule of Law and Investment Arbitration: Revenge of the Sith

This is a guest post from Marcin Menkes, Assistant Professor in the Department of Business Law at Warsaw School of Economics: “So this is how liberty dies ... with thunderous applause.” ―Padmé Amidala A long time ago, in a hemisphere far, far away … War! The multilateral order and the democratic Rule
Simon Lester 16 Sep 2018 13 min read

Could There Be a U.S.-Mexico Trade Agreement AND a NAFTA?

Mexican trade negotiator Kenneth Smith Ramos tweeted this: #Mexico stated from the beginning of the negotiation that the ideal scenario is for #NAFTA to remain trilateral. We hope the US and Canada will conclude their bilateral #negotiation shortly. If that is not possible we are ready to advance bilaterally with
Simon Lester 13 Sep 2018 1 min read

Will the NAFTA ISDS Changes Deliver any Votes?

This is from Inside US Trade: Public Citizen Global Trade Watch Director Lori Wallach told reporters during that call that while she thinks “public citizens” would prefer no ISDS language in the North American Free Trade Agreement at all, the U.S.-Mexico deal “can be widely supported, especially after
Simon Lester 13 Sep 2018 1 min read

"Restoring Trust in Trade" colloquium at the Law Faculty of Maastricht University, December 17, 2018

This is from the Law Faculty of Maastricht University: The Law Faculty of Maastricht University will be hosting a colloquium on 17 December 2018, focusing on a key challenge facing the international trading system, namely the rapidly eroding trust in trade liberalisation and economic integration, as embodied in the rules
Inu Manak 13 Sep 2018 1 min read

Guest Post: From Roosevelt to Reagan to Trump: the Decay of US Internationalism

This is a guest post from Petros Mavroidis: This time it is different. It is difficult to say how serious it is, but it is different. President Trump’s trade policy is a decisive turn towards unilateralism followed by bilateral deals.  This combination is a blow to the multilateral edifice
Simon Lester 12 Sep 2018 3 min read

Rebalancing after National Security Measures

As we have talked about on this blog, the Safeguards Agreement provides for compensation/suspension where safeguards measures are used. Here is Article 8.1: A Member proposing to apply a safeguard measure or seeking an extension of a safeguard measure shall endeavour to maintain a substantially equivalent level of
Simon Lester 09 Sep 2018 3 min read

Will the NAFTA Chapter 11 Compromise Appeal to Any ISDS Critics?

This is from Janyce McGregor of the CBC: The preliminary trade agreement the U.S. recently reached with Mexico may offer a glimpse of what could happen with NAFTA's Chapter 11. A U.S. official said the two countries wanted ISDS to be "limited" to cases
Simon Lester 09 Sep 2018 1 min read

GATT Article XXIV and the NAFTA Renegotiation

GATT Article XXIV:5 refers to the "formation" of a customs union or a free-trade area: the provisions of this Agreement shall not prevent, as between the territories of contracting parties, the formation of a customs union or of a free-trade area or the adoption of
Simon Lester 04 Sep 2018 2 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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