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Symposium on Tariffs and Trade Wars

Law professor Csongor István Nagy sends the following: Jointly organized by the ELTE Centre for Social Sciences, Institute for Legal Studies, the University of Galway’s LLM in International and Comparative Business Law, and the Hungarian Journal of Legal Studies, this hybrid symposium on December 2, 2025 offers insight into
Simon Lester 24 Nov 2025 1 min read

Exemplars vs. Precedents in WTO Law

As most of this blog's readers are aware, there has been controversy over the "permissible interpretation" language in the legal standard of review in AD Agreement Article 17.6(ii).
Simon Lester 20 Nov 2025 4 min read

Should Congress Codify Trump's Trade Deals?

For the purposes of domestic law, the trade deals negotiated by the Trump administration have been concluded as executive agreements, and there is no indication that the administration wants Congress to approve them via statute. Some members of Congress have raised this possibility though.
Simon Lester 17 Nov 2025 4 min read

Impact of the October 2025 US-China Detente On United States-Mexico Trade

On October 29, 2025, President Trump and Chinese Communist Party Chairman Li concluded a limited detente in their ongoing trade war. (U.S-China Trade Agreement) This trade deal, largely a return to the status quo in February-April 2025 is scheduled to continue for a year. The compromise was
David A. Gantz 13 Nov 2025 11 min read

Reviewing the USMCA

Pursuant to the review of the USMCA provided for in Article 34.7, USTR has requested comments and is holding a hearing. USTR's comments portal shows 1,515 comments submitted, so a lot of people had things to say!
Simon Lester, Inu Manak 12 Nov 2025 3 min read

Trump's Cambodia Trade Deal, Arms Exports, and the Role of Non-Trade Concessions

In this post, I'm going to talk about some aspects of the recent U.S. trade deal with Cambodia that I haven't heard raised yet, including the following questions: (1) Is the decision to allow U.S. arms exports to Cambodia pursuant to this deal designed to boost U.S. manufacturing?
Simon Lester 10 Nov 2025 4 min read

Is Section 122 of the 1974 Trade Act a Fall-Back Option for Trump to Impose Tariffs?

Without IEEPA authority, as we have all discussed, where there is a will, there is a way. In all likelihood, this way involves the expanded use of other statutory authorities, such as Section 232 of the 1962 Trade Expansion Act and Section 301 of the Trade Act of 1974. In
Mona Paulsen 07 Nov 2025 4 min read

Roundup of IEEPA Hearing Commentary

I listened to today's Supreme Court hearing on the IEEPA tariff cases, but it was clear to me that I am not well-positioned to offer good insights on how the Court might rule. (The transcript is here if anyone wants to give this kind of tea leaf reading a shot themselves).
Simon Lester 05 Nov 2025 8 min read

Economic and National Security Provisions in U.S. Trade Agreements

A few weeks ago, I wrote a post cautioning everyone to "Beware the 'Securitization' of Trade Policy." So far, however, it looks like my post has been a big failure, as many people seem to be throwing caution to the wind, and instead of being wary
Simon Lester 03 Nov 2025 4 min read

Bound Rates and the Stakes of the Cambodian Trade Deal

Far from being incoherent, the United States’ recent moves against trading partners suggest a unique restructuring of its economic structure, with executive-dominated foreign investments planned to drive much of its future economic growth. I’ll focus on the Agreement concluded with Cambodia for this post. Cambodia has not signed
Mona Paulsen 31 Oct 2025 9 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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