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USTR Jobs

USTR has some job openings: Director for Innovation and Intellectual Property (Attorney) Trade Attorney USTR Intern Position - Summer 2018
Simon Lester 06 Feb 2018 1 min read

Federal Court of Canada hearing Canada's application to set aside Bilcon NAFTA award

For those that may have missed it, the NAFTA Bilcon v Canada dispute was back in the news this week. In 2015, the Claytons and Bilcon of Delaware, a US company, were awarded compensation for breaches of NAFTA Articles 1105 (fair and equitable treatment) and 1102 (national treatment). The dispute
Mona Paulsen 04 Feb 2018 4 min read

The Negotiating History of Section 15 of China's Accession Protocol

This is from law professor Weihuan Zhou: The China – EU (US) fight over issues relating to China’s market economy status is attracting growing prominence. In the ongoing EU – Price Comparison Methodologies (DS516) dispute, the WTO panel will need to determine, amongst other issues, whether Section 15 of China’s
Simon Lester 04 Feb 2018 2 min read

The Proposed Level of DSU Article 22 Suspension: Formulas versus Monetary Amounts

DSU Article 22.2 allows WTO complainants, in the event of non-compliance, to "request authorization from the DSB to suspend the application to the Member concerned of concessions or other obligations under the covered agreements." How explicit must they be in this suspension request? Do they have
Simon Lester 02 Feb 2018 2 min read

Job opportunity for PhD candidate in trade law

Linklaters LLP seeks a second year+ PhD candidate or postdoc working on trade law to assist in preparing regular updates on trade matters. The time commitment would be approximately eight hours per week. Location unimportant. Please contact Dr Lorand Bartels ( Lorand.bartels@linklaters.com ) for further details.
Lorand Bartels 02 Feb 2018 1 min read

Are Trade Disputes a Coin Flip?

This is from Ambassador Lighthizer's statement at the NAFTA press conference today: Finally, I would like to refer, because I think it fits into this context to an unprecedented trade action that Canada brought against the United States very recently. It constitutes a massive attack on all of
Simon Lester 29 Jan 2018 2 min read

NAFTA and Reciprocity

The 6th round of the NAFTA talks wrapped up today, and my impression of the closing statements was that everyone was relatively positive, much more so than after the 4th round anyway. I wanted to highlight one thing from Ambassador Lighthizer's statement: Free trade agreements are essentially grants
Simon Lester 29 Jan 2018 2 min read

NAFTA ISDS is Complicated

This is from The Canadian Press: Canada and Mexico are applying pressure on the United States to decide whether it wants to be part of NAFTA’s investor-state dispute mechanism, threatening to sideline it unless it commits to participating fully. Multiple sources say the conversation came to a head
Simon Lester 28 Jan 2018 3 min read

Trump Should Give TPP (or CPTPP) A Try-And the TPP Partners Should Stop the Bus to Let Him Get On

Davos has been depressing, a journalist friend emailed me the other day.  And indeed the spectacle of the neoliberal elites congratulating themselves on still ruling the world is a downer. But my ears perked up when President Trump, speaking from Davos, suggested that he might be open to participating in
Rob Howse 26 Jan 2018 2 min read

Who Is the Least Protectionist Country in the World?

This is from Inside US Trade: [Commerce Secretary Wilbur] Ross objected to the “protectionist” label that critics of the Trump administration have attached to U.S. trade actions and rebutted the idea that China could pick up the mantle and be a leader on free trade policy. “The Chinese have
Simon Lester 24 Jan 2018 1 min read

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Featured

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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