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Lighthizer's Trade Optimism

Jenny Leonard of Inside US Trade reports the following statements by U.S. Trade Representative Robert Lighthizer after the NAFTA press conference earlier this week: U.S. Trade Representative Robert Lighthizer on Tuesday said he was seeking to shake up the congressional voting landscape for free trade deals, suggesting a
Simon Lester 20 Oct 2017 3 min read

Submissions for the new SIEL/Hart Prize in International Economic Law

From the SIEL and Hart Publishing: Submissions for the new SIEL/Hart Prize in International Economic Law are now open! ABOUT THE PRIZE The SIEL/Hart Prize is a brand new prize awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of
Simon Lester 20 Oct 2017 1 min read

With Blinders On? How International Law Casebooks Teach Students in the United States

First published on Just Security. The United States disagrees with many countries, including key allies, on important questions of international law, including the geographical scope of armed conflict, the extraterritorial application of human rights, and the existence and scope of a right to preemptive self-defense. Underlying these particular disagreements
Anthea Roberts 19 Oct 2017 8 min read

SPS Agreement vs. GATT

This is from the Indonesia - Chicken WTO panel report, circulated yesterday: Fn. 318. We note that Indonesia's defence under Article XX(b) raises a food safety issue. We observe that the SPS Agreement, according to its Preamble, "elaborates rules for the application of the provisions of the
Simon Lester 18 Oct 2017 1 min read

Some GATT Negotiating History

Here are two posts on the original GATT negotiations, from Roy Santana of the WTO: CLASH OF THE GATT NEGOTIATORS September 1947: Following months of good progress in Geneva, GATT negotiators had entered a delicate phase where the most difficult issues had to be tackled, chief amongst which was the
Simon Lester 18 Oct 2017 8 min read

NAFTA Round 4: Time to Panic, or Time to Relax a Bit?

After NAFTA Round 4 wrapped up today, there were some strong words at the press conference. I can't find the full transcript of her remarks, but here is a news report on what Canadian Foreign Minister Chrystia Freeland had to say: Freeland said the "unconventional" demands
Simon Lester 17 Oct 2017 2 min read

Announcing a new paper on International Expositions Law

I would like to announce the availability of my new research paper on international expositions law. The title of this paper is Steve Charnovitz, "Why the International Exhibitions Bureau Should Choose Minneapolis for Global Expo 2023."  The Bureau of International Expositions (BIE) will be making this important decision
Charnovitz 16 Oct 2017 1 min read

Competing U.S. NAFTA Proposals

Here's a U.S. proposal, in the NAFTA renegotiation, to open Canada's dairy market a bit: The proposal came as the U.S. made its first significant move on dairy, a traditional sticking point with Canada. Several insiders said Friday the U.S. has asked Canada
Simon Lester 15 Oct 2017 1 min read

It's All About Sanctions:Why Trump's Decertification Won't Sink the Iran Deal-If Others Act Responsibly

There has been much handwringing in recent days about the imminent likelihood that President Trump will "decertify" the Iran deal.  But little of the media coverage has focused on the exact meaning and legal and political consequences of "decertification."  Often "decertification" is associated with
Rob Howse 11 Oct 2017 5 min read

What To Do With "Fair and Equitable Treatment" Provisions?

Politico has this report today: U.S. ISDS PROPOSAL WOULD CUT TWO KEY PROTECTIONS: Expect USTR to put at least one of those “poison pills” forward at talks this week. The final U.S. proposal on investor-state dispute settlement comes not only with an “opt-in” provisions that effectively
Simon Lester 10 Oct 2017 3 min read

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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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