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Suspended Provisions in the TPP

The Japanese government has posted a list of "Suspended Provisions" in the TPP. As I understand it, this means the provisions will be suspended if the TPP-11 go forward with the agreement, but could be restored if the U.S. decides to join later. Some of the
Simon Lester 11 Nov 2017 1 min read

More on Judicial Review of AD/CVD Measures

In response to my post of the other day, Müslüm Yilmaz of the WTO (and also a commenter on the post) point me to this book: Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one
Simon Lester 11 Nov 2017 2 min read

What's In a Name? The new CPTPC3P0 Trade Agreement

It seems as though the TPP may be going forward, but is being rebranded slightly: Countries in the Trans Pacific Partnership (TPP) trade deal have agreed on the core elements to move ahead without the United States, officials said on Saturday, after last-minute resistance from Canada raised new doubts
Simon Lester 11 Nov 2017 1 min read

Freelance Analyst for Investment Arbitration Reporter

This is from my friend Luke Peterson of Investment Arbitration Reporter Freelance analyst wanted Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors We offer specialized reporting on developments in the field of international investment law. We read and digest legal pleadings
Simon Lester 09 Nov 2017 1 min read

Judicial Review of AD/CVD Measures

That last post has me thinking about domestic judicial review of AD/CVD measures. AD Agreement Article 13 says: "Each Member whose national legislation contains provisions on anti-dumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review of
Simon Lester 08 Nov 2017 1 min read

NAFTA Chapter 19 Data

A couple of my Cato colleagues and I are working on some data on NAFTA Chapter 19 disputes, but it has been slow going. In the meantime, a trade lawyer who prefers to remain anonymous put together some data and sent it to me. Taking into account NAFTA Chapter 19
Simon Lester 05 Nov 2017 1 min read

Symposium: Nationalism, Regionalism & Globalism: The Future of Economic Integration

I'll be at a trade law conference at Brooklyn Law School on Friday (along with a few others from this blog). Here are the details: On November 10, 2017, the Dennis J. Block Center for the Study of International Business Law at Brooklyn Law School will host a
Simon Lester 05 Nov 2017 2 min read

New ICC Book: Business Guide to Trade and Investment

From the esteemed Arthur Appleton / Patrick Macrory trade law book editing partnership, here is a new book published by the ICC: Volume 1 - International Trade Arthur E. Appleton and Patrick F.J. Macrory his first volume on International Trade edited by Arthur Appleton and Patrick Macrory, is a most welcome
Simon Lester 05 Nov 2017 1 min read

How to Save WTO Dispute Settlement from the Trump Administration

How to Save WTO Dispute Settlement from the Trump Administration Steve Charnovitz The Trump Administration is trying to torpedo the World Trade Organization (WTO) dispute settlement system.  According to the November 2, 2017 Wall Street Journal article "Has China Swallowed the WTO" by Jacob M. Schlesinger, "The
Charnovitz 03 Nov 2017 4 min read

Last Week's Tuna II WTO Panel Report:Happy Ending to a Hair-raising Adventure on the High Seas

Last week the second 21.5 compliance panel report was released in the long-running Tuna/Dolphin, or Tuna II, dispute between Mexico and the United States. Finally after two rounds of the US tweaking of the measure, the WTO panel gave the voluntary labeling scheme for Dolphin-Safe tuna
Rob Howse 02 Nov 2017 7 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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