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The New WTO Law of Market Economy Status for China

The New WTO Law of Market Economy Status for China Steve Charnovitz 12 April 2018 In this era of China bashing, WTO watchers should be reminded of one area of WTO law where the United States and the EU continue to engage in WTO-illegal behavior. That is, the unjustified
Charnovitz 12 Apr 2018 6 min read

China's WTO Complaint against the Section 232 Tariffs

This is the legal basis of China's WTO complaint against the U.S. Section 232 tariffs, filed on April 5: The measures at issue, operating separately or together, appear to be inconsistent with the United States' obligations under: * Articles XIX:1(a), XIX:2 of the GATT
Simon Lester 10 Apr 2018 2 min read

The Dog that Didn't Bark in the US IP Claim Against China

One of the most significant complaints made by the US in its Section 301 investigation of China's IP practices is the claim that China conditions permission for foreign investment on transfer of technology.  However, in the US' recent WTO complaint against China's IP practices, the
Joel Trachtman 10 Apr 2018 1 min read

ASIL Annual Meeting Videos

This is from Kathleen Claussen: Select videos from the 112th Annual Meeting of the American Society of International Law (ASIL) held last week in Washington, DC are now available on the ASIL website (https://www.asil.org/resources/video/2018-annual-meeting).  These include video from a session on the
Simon Lester 10 Apr 2018 1 min read

How can China respond to the Trump tariffs in a WTO-consistent manner?

The $50 billion tariffs proposed by the Trump Administration put China into a “Catch-22” position. If China doesn’t retaliate and only follows the proper dispute settlement procedure to challenge them in the WTO, then it has to wait at least 2 years before the US measures are finally
Henry Gao 07 Apr 2018 2 min read

China's WTO Complaint on the Section 301 Tariffs

China's consultations request on the U.S. Section 301 tariffs is here. This is the key part: On 22 March 2018, the United States published related documents of the Section 301 investigations against China. On 3 April, the United State published a list of products of Chinese origin,
Simon Lester 05 Apr 2018 3 min read

The U.S. Response to China's Retaliation: What Role for the DSU?

Here is the U.S. response to China's decision to deem the Section 232 tariffs a safeguard measure and to impose tariffs pursuant to provisions of the Safeguards Agreement: The United States has received China's requests for consultations under Article 12.3 of the Agreement on
Simon Lester 04 Apr 2018 2 min read

Justifications in the U.S.-China National Security/Safeguards/Section 301 Tariff Fight

I have been puzzling over what is happening with the safeguards issues related to the U.S. steel/aluminum "national security" tariffs (and as I was drafting this post, Brett Williams raised the same issue in a comment here). This is what I see so far. Safeguards Agreement
Simon Lester 04 Apr 2018 3 min read

China Retaliates Against the U.S. Steel/Aluminum Tariffs

This is from the Financial Times: China has unveiled retaliatory duties on US food imports including pork, fruit, nuts and wine of up to 25 per cent as a response to the Trump administration’s new tariffs on steel and aluminium imports. Beijing said the additional duties on 128 kinds
Simon Lester 01 Apr 2018 2 min read

Forced Technology Transfer and the WTO

This is from the U.S. statements at the DSB meeting on March 27: The United States would be pleased to discuss at length the seriously trade distorting policies adopted by China that are the subject of the ongoing Section 301 investigation mentioned in China’s statement. It is these
Simon Lester 29 Mar 2018 3 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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