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Social and Environmental Protection in EU Anti-Dumping Calculations

This is from the provisionally adopted text of the amended EU AD/CVD regulation (I think I'm stating that correctly, but someone please correct me if I have it wrong!), relating to the use of analogue countries in constructing a normal value: Article 1 Regulation (EU) 2016/1036
Simon Lester 20 Nov 2017 1 min read

Addressing Panel Errors in the New NAFTA

This is from the updated USTR NAFTA negotiating objectives: Dispute settlement: "Provide mechanisms for ensuring that the Parties retain control of disputes and can address situations when a panel has clearly erred in its assessment of the facts or the obligations that apply." One way to address panel
Simon Lester 19 Nov 2017 1 min read

Will There Be a Lighthizer-Liberal Alliance on Trade?

This is from the Daily Beast: During his first six months in office, Donald Trump’s top trade official met with a host of companies, trade associations, and industry groups. He also carved out a little time for an unsuspected visitor: an employee of Ralph Nader’s former progressive nonprofit.
Simon Lester 19 Nov 2017 1 min read

Shaffer, Elsig and Pollack on the Appellate Body Reappointment Crisis

This is from Gregory Shaffer, Manfred Elsig and Mark Pollack: The Trump administration threatens to end the world’s trade court, the Appellate Body (AB) of the World Trade Organization (WTO), by blocking the appointment of new AB judges. In doing so, it risks destroying the rules-based trading system that
Simon Lester 17 Nov 2017 1 min read

Things I Noticed in USTR's Updated NAFTA Negotiating Objectives

USTR's updated NAFTA negotiating objectives are here.  These are a few new additions that jumped out at me, with some brief comments: --------------------------------------- Government procurement: "Ensure reciprocity in market access opportunities for U.S. goods, services, and suppliers in Canada and Mexico." I'm not
Simon Lester 17 Nov 2017 1 min read

Guest Post from Pieter Jan Kuijper: The Standard of Review in Anti-Dumping Disputes: An Un-American View

One of the important recurring issues among the US problems with the case law of the Appellate Body is the standard of review in anti-dumping disputes. The relevant text was changed at a very late stage of the Uruguay Round negotiations, after most of the texts were closed. Belatedly a
Trachtman 15 Nov 2017 3 min read

My two cents on the US notifications proposal

The posts by Simon and Inu on the US notifications proposal help to bring to light the important but often ignored issue of notification in WTO agreements. As I've just finished an article on the implementation of the WTO transparency obligation by China, I'd like to
Henry Gao 15 Nov 2017 2 min read

Guest Post from Pieter Jan Kuijper on the US Attack on the Appellate Body

Guest post from Pieter Jan Kuiper, Professor of Law at the Faculty of Law of the University of Amsterdam: What to do about the US Attack on the Appellate Body? Recently Steve Charnovitz has advanced the idea (IELP blog 3 Nov 2017) that the Appellate Body should use its power
Trachtman 15 Nov 2017 5 min read

The U.S. Pushes for Penalties on Failure to Notify at the WTO

In an earlier post, Simon mentioned that the United States has put forward a new proposal ahead of the MC-11 meeting to “strengthen notification requirements.” The proposal lists a number of Agreements where notification requirements “constitute fundamental elements,” including: Agreement on Agriculture Agreement on Implementation of Article VI of the
Inu Manak 14 Nov 2017 4 min read

Pakistan Challenges the "Break the Causal Link" Approach as inconsistent with Article 15.5 of the SCM: Unlikely to succeed?

In EU – PET (Pakistan), the EU Commission began, as expected, its causation analysis by considering  that a causal link existed between subsidized imports and injury to the domestic industry. The Commission then assessed the “effect of other factors” and found that none broke this link. Thereafter, the Commission concluded that
Marc Benitah 13 Nov 2017 3 min read

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The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
12 Mar 2026 3 min read

Debunking the "Hyperglobalization" Trade Policy Myth

Policy is often shaped by narratives, and recently there has been a bipartisan effort to create a narrative that, starting in the early 1990s, globalization and free trade went too far.
03 Mar 2026 8 min read

Guest Post: Are President Trump’s New Section 122 Tariffs Legal?

This is a guest post from Bryan Riley and Joe Bishop-Henchman. Bryan is Director of the Free Trade Initiative at the National Taxpayers Union; Joe is Executive Vice President at the National Taxpayers Union Foundation President Trump has issued new 10% tariffs, shortly after raised to 15%, based on Section
24 Feb 2026 6 min read

Section 122 as a (Partial) Replacement for the IEEPA Tariffs

Apparently, this is the era of dusting off old international economic policy statutes and figuring out what they mean and how they work. After the Supreme Court's ruling today in Learning Resources, holding that "IEEPA does not authorize the President to impose tariffs," we are now
20 Feb 2026 5 min read

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