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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
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 sure
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
Joel 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
Joel 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
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

The "Ardern Clause" in TPP: A Novel Approach to Curbing Investor-State Dispute Settlement

New Zealand's impressive new Prime Minister, Jacinda Ardern, is on the record as stating that investor-state dispute settlement (ISDS) must not be a part of any future trade agreements signed by New Zealand.  In the case of the Trans-Pacific Partnership (TPP, which is apparently now renamed
Rob Howse 11 Nov 2017 2 min read

Investment in the New TPP

This is from the Japanese government's list of "Suspended Provisions" in the TPP: 2. Investment Agreement and Investment Authorisation (ISDS applies to these) 9.1 Definitions - suspend “investment agreement” and “investment authorisation” and associated Footnotes (5 - 11) 9.19.1 Submission of Claim to Arbitration - a(
Simon Lester 11 Nov 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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