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Memo to the Trump Administration: The Sunset Clause is a Lost Cause

Here's a tweet from Daniel Dale of the Toronto Star: Trudeau says he wanted to meet with Trump to resolve NAFTA, but Pence told him that he couldn't meet with Trump unless Canada accepted an auto-termination "sunset clause" in the deal. He said
Simon Lester 31 May 2018 1 min read

Farewell Speech of Appellate Body Member Ricardo Ramírez-Hernández

You can read the full farewell speech by Appellate Body Member Ricardo Ramírez-Hernández here. There's a lot of good stuff in it. This is an excerpt, with some comments from me thrown in here and there: Now I'm going to share with you some thoughts
Simon Lester 30 May 2018 9 min read

Tony Blair on "What do to about Brexit?"

Here is something Tony Blair said on Fareed Zakaria's TV show last week-end: ZAKARIA: What do do about Brexit? BLAIR: Well, I would still like to see it changed. I mean, I think that the truth is there is no answer to the fundamental dilemma. So in
Simon Lester 30 May 2018 2 min read

Will the U.S. - China Trade Deal Violate MFN?

This is from the FT: Washington is pressing Beijing to enter into multiyear contracts to buy US agricultural and energy imports as part of a broader trade deal aimed at reducing the $337bn bilateral trade deficit with China. But the move could mean taking Chinese business away from key US
Simon Lester 27 May 2018 2 min read

The EU General Data Protection Regulation

The GDPR is coming into force soon and I'm trying to sort out the consequences in general and for this blog in particular. With regard to this blog, over 2,000 people have signed up for email notifications, and presumably some of those people are from an EU
Simon Lester 24 May 2018 1 min read

EU – PET (Pakistan): The Appellate Body confirms the validity of the traditional "break the causal link" approach

In a previous post, I indicated that Pakistan lodged an appeal  regarding the "break the causal link" approach adopted by the European Commission in  EU – PET (Pakistan).   In this case, the EU Commission began, as usual, its causation analysis by considering first  that a causal link existed between
Marc Benitah 24 May 2018 1 min read

Is Trump Backing Off China?

This is from an article in the Washington Post: Even before the overnight developments, Trump supporters — and those cheerleading his get-tough approach to trade with China — began reckoning with the likelihood that the president is abandoning the cause. Trump all but confirmed he’s backing away from a showdown
Simon Lester 23 May 2018 1 min read

The Future of the Airbus-Boeing Dispute

This is from Bloomberg: Airbus SE is ready to tell the World Trade Organization that the threat posed to Boeing Co. by its most ambitious program ever, the double-decker A380 jetliner, is so marginal that any U.S.-led sanctions against the European Union over illegal aid should be
Simon Lester 23 May 2018 2 min read

Will the U.S. - Gambling Dispute Return?

Many people seemed to enjoy the U.S. - Gambling WTO dispute back in its heyday. Is it possible a recent U.S. Supreme Court ruling could revive it? This is from Law360: The U.S. Supreme Court's landmark decision giving states a green light to legalize sports gambling
Simon Lester 18 May 2018 2 min read

G2 Conference on Resolving Disputes in International Economic Law

From the IIEL and the Graduate Institute: July 11, 2018 ◊ Georgetown Law, Washington, DC Download the Summer 2018 G2 Program RSVP Now Join Georgetown’s Institute of International Economic Law and the Graduate Institute, Geneva’s Center for Trade and Economic Integration for a conference on resolving disputes in international
Simon Lester 18 May 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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