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Do we need new WTO rules in dealing with China?

I understand that Geneva has been hot these days, but yesterday, the hottest place in town was nowhere but inside Centre William Rappard, where the US and China engaged in a white-hot debate on the Chinese economic system at the General Council meeting. Firing the first shot by calling
Henry Gao 27 Jul 2018 2 min read

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
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), involves
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

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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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