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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

Bilateral ISDS in NAFTA?

This is from the Toronto Star: Canada has made a bold offer to accept a controversial U.S. demand at the NAFTA talks about how to resolve commercial trade disputes, the Star has learned. It involves the current binding trade dispute settlement process used to resolve lawsuits by investor companies
Simon Lester 24 Jan 2018 1 min read

February 16 Deadline for the 2017-2018 SIEL/JIEL/OUP Essay Prize

This is from the SIEL, JIEL & OUP: The deadline for entering the 2017-2018 SIEL/JIEL/OUP Essay Prize competition is fast approaching, and authors meeting the stated conditions are warmly encouraged to send their submission by 16 FEBRUARY 2018. For further details: http://www.sielnet.org/essayprize
Inu Manak 20 Jan 2018 1 min read

What does the US want from China?

I guess this 365 billion dollar question has been lingering in everyone's mind since Trump took office a year ago. Now the USTR finally made it clear in its  2017 Report to Congress on China’s WTO Compliance, which it launched to great fanfare yesterday: "In November
Henry Gao 20 Jan 2018 1 min read

A U.S.-China "Investment Reciprocity Regime"?

This is from Jenny Leonard of Inside US Trade: The White House is considering the creation of a reciprocal investment regime with China following a Section 301 investigation into Chinese technology and intellectual property policies, but some in the administration fear it would lead to stock market losses and negatively
Simon Lester 17 Jan 2018 2 min read

Rationality, Necessity, Proportionality, and Non-Discrimination

I enjoyed this recent JIEL article by Emily Lydgate, called "Is it Rational and Consistent? The Wto’s Surprising Role in Shaping Domestic Public Policy." Here is the abstract: What makes regulation rational? And why is rationality important to an international tribunal? In the World Trade Organization (WTO)
Simon Lester 16 Jan 2018 3 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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