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The ITC Tie Vote Provision

Here's a comment we wrote in our Dispute Settlement Commentary for the DS491 panel report right at the end of last year: U.S. ITC Tie Vote under WTO Law Normally, there are six commissioners who serve on the U.S. International Trade Commission at a given time.
Simon Lester 11 Jan 2018 3 min read

All WTO disputes lead to China

Yesterday, Canada launched the first WTO dispute of the year to mark the start of the auspicious year of 2018. The respondent in the dispute - the US - was apparently not very amused and called the request for consultations "a broad and ill-advised attack on the U.S. trade
Henry Gao 11 Jan 2018 1 min read

Ken Vandevelde on Regulatory Autonomy and Investment Treaties

Ken Vandevelde is one of the preeminent scholars on investment treaties. He has a new short paper entitled "IIA provisions, properly interpreted, are fully consistent with a robust regulatory state" here.  In the paper, he makes a couple points that I want to address. First, he talks about
Simon Lester 09 Jan 2018 4 min read

How Does Iceland Choose Investment Treaty Partners?

After a recent trip to Iceland -- great scenery and delicious food! -- I wanted to learn more about the country, so naturally I looked up Iceland's most recent WTO Trade Policy Review and skimmed through the Secretariat report.* I was intrigued by this sentence: 2.39. Iceland's
Simon Lester 08 Jan 2018 1 min read

The ITC's Treatment of Unforeseen Developments in the Photovoltaic Cells Case

I'm puzzling over certain aspects of the consideration of "unforeseen developments" in the Photovoltaic Cells Section 201 case. Here's a brief rundown of the issue. On November 13, 2017, the ITC sent to the President its report in the case. I had been wondering
Simon Lester 05 Jan 2018 5 min read

Are Section 301 Tariffs Coming Soon?

I am hearing some talk that the ongoing Section 301 investigation related to certain Chinese government practices will result in President Trump imposing tariffs against Chinese imports. This is from Axios: It's quite likely Trump will use 301 authority — in January, we're told — to put tariffs
Simon Lester 02 Jan 2018 2 min read

China Inc. in the WTO Dock: Tales from a System under Fire

Paul Blustein, the author of "Misadventures of the Most Favored Nations", comes back with another tale of "Misadventures of the Most Powerful Nations". It provides not only important insights on some of the most important systemic issues facing the WTO, but also a peek into the
Henry Gao 21 Dec 2017 1 min read

What Exactly Was Promised on the NME Methodology?

Thanks to Henry for pointing us to China's opening statement at the European Union – Measures Related to Price Comparison Methodologies (DS516) panel meeting. Following up on the discussion in the comments on Henry's post, China is clearly taking this dispute very seriously, and says the following
Simon Lester 20 Dec 2017 3 min read

Multiple Permissible Interpretations in the DS516 Case

This is from the EU's first written submission in the European Union — Measures Related to Price Comparison Methodologies (DS516) case (footnotes omitted): 8. STANDARD OF REVIEW: PERMISSIBLE INTERPRETATION 275. The European Union submits that the special standard of review in Article 17(6)(ii) of the Anti-Dumping
Simon Lester 18 Dec 2017 2 min read

Two Views of Science in the Trump Administration

This is from the Washington Post: Policy analysts at the Centers for Disease Control and Prevention in Atlanta were told of the list of forbidden words at a meeting Thursday with senior CDC officials who oversee the budget, according to an analyst who took part in the 90-minute briefing.
Simon Lester 18 Dec 2017 1 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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