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EU Can Retaliate Immediately Against Trump's Metal Tariffs

EU Can Retaliate Immediately Against Trump's Metal Tariffs Steve Charnovitz 9 March 2018 In a recent post about the Trump Administration's proposed Section 232 actions against steel and aluminum, Simon Lester comments that "I'm not convinced by the argument that because the national
Charnovitz 09 Mar 2018 3 min read

The Steel/Aluminum Tariff Country Exemptions

Presidential proclamations here and here. Canada and Mexico exempt for now. Here is the situation for other countries (from the steel proclamation): 9.  In adopting this tariff, I recognize that our Nation has important security relationships with some countries whose exports of steel articles to the United States weaken our
Simon Lester 08 Mar 2018 1 min read

What a WTO Complaint Against Section 232 Tariffs/Quotas Might Look Like

In anticipation of possible U.S. tariffs/quotas on steel/aluminum imports under Section 232, citing national security, I'm going to run through the possible WTO claims against such measures. Let's hope everyone can talk the Trump administration out of this, but if not, a WTO
Simon Lester 07 Mar 2018 3 min read

Guest Post: The CJEU Strikes Again in Achmea. Is this the end of investor-State arbitration under intra-EU BITs?

This is a guest post from Dr. Szilárd Gáspár Szilágyi, a Postdoctoral Fellow at PluriCourts, University of Oslo These are exciting times for both investment law and EU law professionals. The EU’s recent moves in international investment law have become the topic of much discussion, be it the conclusion
Simon Lester 07 Mar 2018 9 min read

How Should Countries Retaliate Against the Steel/Aluminum Tariffs?

This is from Politico: But European Union officials are already planning retaliatory actions, targeting products from politically sensitive Republican-run states, including the imposition of tariffs on Harley-Davidsons made in Speaker Paul Ryan’s home state of Wisconsin; duties on bourbon made in Senate Majority Leader Mitch McConnell’s home state
Simon Lester 06 Mar 2018 1 min read

Dispute Settlement in the NAFTA Talks

If you are looking for a distraction from the general panic about Trump's possible steel/aluminum tariffs, take a look at this from Inside US Trade: Efforts to fix NAFTA’s state-to-state dispute settlement process have also progressed during this round, sources said. Mexico and Canada are making
Simon Lester 04 Mar 2018 1 min read

Director of the Rules Division

The WTO Secretariat is advertising for a new Director of the Rules Division (application deadline March 28): General Functions  The incumbent will lead the Rules Division, which is responsible for all matters in the areas of subsidies, contingent trade remedies (anti-dumping, countervailing measures and safeguards), trade-related investment measures, state trading
Simon Lester 04 Mar 2018 2 min read

The Appellate Body's Review of the Meaning of Domestic Law

Here's something else from USTR's 2018 Trade Policy Agenda and 2017 Annual Report: iv. Appellate Body Review of facts and review of a Member’s domestic law de novo Another significant concern is the Appellate Body’s approach to reviewing facts. Article 17.6 of the
Simon Lester 04 Mar 2018 6 min read

Summing up the Steel/Aluminum Tariff Situation

Here's a concise summary of what is happening with the Section 232 steel/aluminum tariffs: President Trump said some things yesterday about tariffs on steel and aluminum. We'll find out next week (or later) what, if anything, it means.
Simon Lester 02 Mar 2018 1 min read

NAFTA Chapter 19 vs. The CIT

A while back, I said I would be trying to gather some evidence on the relative impact of appeals to NAFTA Chapter 19 vs. appeals to the U.S. Court of International Trade. Well, I finally have some data, but let me clarify in all caps that it is PRELIMINARY
Simon Lester 02 Mar 2018 1 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

Expert commentary on the law, politics and economics of international trade and investment

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Comparing the Enforcement Provisions in the New U.S. Trade Deals

Building on the comparison of trade agreement provisions in my last post, let's take a look at the "enforcement" provisions of the six agreements for which the legal texts have been published.
11 Feb 2026 3 min read

Comparing the Economic and National Security Provisions in the New U.S. Trade Deals

By my count, we now have the legal texts of five Trump administration trade agreements. Will there be enforcement actions under these agreements?
09 Feb 2026 5 min read

Jamieson Greer on the 30 Year Aberration in U.S. Trade Policy

When he was in Davos last week for the World Economic Forum, U.S. Trade Rep. Jamieson Greer talked a bit about U.S. trade policy history and described a recent period during which, in his view, U.S. trade policy shifted away from tariffs/protectionism and towards free trade.
29 Jan 2026 6 min read

Is this the end of MFN as we know it? The EU submission on WTO reform and the meaning of development

With the release of the EU submission on WTO reform, it has become clear that the MFN principle’s central role within the WTO architecture is under challenge. As a keystone, it risks the entire bridge falling. Even if the foundations are retained but deemed outdated or unusable, and a
23 Jan 2026 3 min read

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

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