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The Boundaries of Free Trade under Canada's Constitution

Today, the Canadian Supreme Court decided the Comeau case, involving provincial barriers on trade in beer. This decision could have created a Canadian "single market" (to borrow a phrase), but the justices decided on a narrower approach. For anyone who follows WTO jurisprudence or debates about policy space/
Simon Lester 19 Apr 2018 10 min read

The Separation of EU Trade and Investment Agreements Is Continuing

The legal texts of the EU - Singapore Free Trade Agreement and the EU - Singapore Investment Protection Agreement are now available here. A European Commission press release related to these agreements, and also covering the EU - Japan Economic Partnership Agreement, explains the next steps as follows: The Commission today presented the
Simon Lester 18 Apr 2018 2 min read

How Many WTO Members Will Argue that the Section 232 Steel/Aluminum Tariffs are Safeguard Measures?

China already made the argument that the Section 232 steel/aluminum tariffs are actually safeguard measures, both in a Safeguards Agreement consultations request and a DSU consultations request. Now both the EU and India have filed Safeguards Agreement consultations requests based on this same argument. The EU says the following
Simon Lester 18 Apr 2018 1 min read

The Costs and Benefits of Trade Agreements/Liberalization

This is from Krzysztof Pelc's review of Dani Rodrik's new book: In the case of trade, one such wrinkle, long overlooked, comes from economic models’ focus on the “average citizen.” And while trade agreements may indeed be beneficial to the “average Canadian,” no such animal exists
Simon Lester 13 Apr 2018 5 min read

Brief Thoughts on Trump's Trade Remarks from Today

Is it worth responding to things President Trump says about trade? I'm not sure, but I'm doing it anyway, very briefly. The transcript of his remarks from today is here. Feel free to add your own comments. Trump: THE PRESIDENT:  As you are all aware, China
Simon Lester 12 Apr 2018 7 min read

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

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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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