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Lighthizer on WTO Dispute Settlement

This is an excerpt from the Q & A at the Lighthizer CSIS event mentioned in the last post, relating to WTO dispute settlement. I'm just going to quote it for now, but I should have more to say later. MR. MILLER: ... To continue with the WTO, the
Simon Lester 19 Sep 2017 3 min read

Lighthizer on Trade

U.S. Trade Representative Robert Lighthizer spoke at CSIS yesterday. The full transcript is here. I'm going to respond to some of his specific points. Early on, he refers to a growing skepticism about trade: For decades, support for what we call free trade has been eroding among
Simon Lester 19 Sep 2017 4 min read

Guest Post: A Follow-up to the EU Commission’s Decision to ‘Split’ Trade and Investment Protection

This is a guest post by Szilárd Gáspár-Szilágyi In a previous post Simon Lester has commented on President Juncker’s wish to rescue the EU’s trade policy, by concluding a set of streamlined trade agreements with Australia and New Zealand that would carve out contentious clauses on investment
Simon Lester 14 Sep 2017 5 min read

Juncker's "Risky" Decision to Split Trade and ISDS/Investment Protection

This is from Politico: Jean-Claude Juncker wants to style the EU as the undisputed champion of global trade when he steps up to deliver his State of the Union address in Strasbourg Wednesday. The European Commission president’s pièce de résistance will be to propose a fast-track system
Simon Lester 13 Sep 2017 2 min read

Guest Post: Dispute Finance For Sovereigns In WTO Disputes - Access To Justice For Developing Countries

This is a guest post by Mauritius Nagelmueller: Access to justice continues to be an issue within the WTO Dispute Settlement Body (DSB) today, especially for developing countries. To keep the promise of a fairer trading system, developing country participation in the DSB needs to be improved, since the relationships
Simon Lester 12 Sep 2017 4 min read

Trade and Gender Politics

Canadian trade politics has a very different focus than U.S. trade politics does: The strongest opposition to including issues such as gender equality in discussions over the North American Free Trade Agreement has come not from the United States but from within Canada, Prime Minister Justin Trudeau said Monday.
Simon Lester 12 Sep 2017 1 min read

Will the EU Split Trade and Investment Protection?

This is from Politico: European Commission President Jean-Claude Juncker aims to solve one of the greatest weaknesses of EU trade policy by proposing fast-track ratification of trade deals that would eliminate the need for approval by some 40 parliaments across Europe. ... Building on the momentum of a landmark
Simon Lester 10 Sep 2017 3 min read

Is There a NAFTA Chapter 19 Compromise?

The U.S. wants to "eliminate" NAFTA Chapter 19; Canada and Mexico want to keep it. It's hard to find a compromise between these two positions, but I gave it a shot with this proposal: Regardless of whether Chapter 19 was justified initially, a long time
Simon Lester 04 Sep 2017 2 min read

Trade Law in the Trump Era: A Transatlantic Perspective

Chantal Thomas asked that I post the following: Conference Announcement -- This Week at Boston University-- "Trade Law in the Trump Era: A Transatlantic Perspective" If you happen to be in the Boston area or otherwise available, please join this upcoming conference at Boston University School of Law. Friday,
Simon Lester 03 Sep 2017 1 min read

Canadian Trade and Investment Dispute Rosters

The Canadian government is looking for Canadians and non-Canadians to be on their international trade and investment dispute rosters (application details at the link): We know that our country is stronger — and our government more effective — when decision-makers reflect Canada's diversity. The Government of Canada will
Simon Lester 03 Sep 2017 6 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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