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Are the Section 232 Steel Tariffs Unconstitutional?

Here is the link to the March 15 podcast by Tim Meyer, Jeff Rosen, and discussing the issue of whether Section 232 violates the US Constitution. https://constitutioncenter.org/debate/podcasts/trump-tariffs-and-trade
Charnovitz 22 Mar 2018 1 min read

Brady-Lighthizer ISDS Exchange

Congressman Kevin Brady and U.S. Trade Rep. Robert Lighthizer had a good exchange today on ISDS at a House Ways and Means hearing. Here is a messy transcript (hopefully it is mostly accurate): Brady: You know I'm confident you and your team are going to negotiate a
Simon Lester 21 Mar 2018 5 min read

"Regulatory Chill" in NAFTA

This is from the NY Times: The contentious negotiations over the fate of the North American Free Trade Agreement have veered into one of the world’s most pressing health issues: fighting obesity. Urged on by big American food and soft-drink companies, the Trump administration is using the trade
Simon Lester 21 Mar 2018 2 min read

Litigating GATT Article XXI: The U.S. View of the Scope of the Exception

The U.S. submissions in the Russia - Traffic in Transit case are now available here. Here's an excerpt from the third party oral statement: III. The Text of Article XXI, in its Context, Establishes That the Exception Is Self-Judging 11. Article XXI of the GATT 1994, in
Simon Lester 19 Mar 2018 2 min read

Litigating GATT Article XXI: The EU's View of the Scope of the Exception

A clarification of the scope of the GATT Article XXI security exception may come sooner than expected, as Russia has invoked Article XXI(b)(iii) in the Russia - Traffic in Transit (DS512) dispute. The EU's third party submissions are now online: Third party written submission and third party
Simon Lester 17 Mar 2018 1 min read

The Drafting History of GATT Article XXI: Where Did "Considers" Come From?

In my last post, I highlighted the comments of John Leddy, a U.S. delegate to the GATT negotiations, on the meaning and scope of the GATT security exception. But you probably noticed that the version under discussion as part of the New York draft does not have the crucial
Simon Lester 13 Mar 2018 3 min read

The Drafting History of GATT Article XXI: The U.S. View of the Scope of the Security Exception

In the New York draft of the GATT, the security exception was in Article 37, and was combined with the exceptions that are now part of GATT Article XX. Here's what the security exception looked like in this draft: SECTION H. GENERAL EXCEPTIONS Article 37 General exceptions to
Simon Lester 11 Mar 2018 3 min read

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

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on 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.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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