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China's Alleged Forced Technology Transfer

This is from a Presidential Memorandum issued by President Trump today, directing the U.S. Trade Representative to determine "whether to investigate any of China's laws, policies, practices, or actions that may be unreasonable or discriminatory and that may be harming American intellectual property rights, innovation, or
Simon Lester 14 Aug 2017 1 min read

Canada's NAFTA renegotiation objectives-including reform of the investor-state dispute settlement process

This morning, in a major address, Canada's foreign minister Chrystia Freeland laid out the government's objectives for the renegotiation of NAFTA.  This is the key passage from her speech: First, we aim to modernize NAFTA. The agreement is 23 years old. The global, North American, and
Rob Howse 14 Aug 2017 5 min read

President Trump Cannot Terminate NAFTA without Congressional Approval

Apropos of the commencement of NAFTA renegotiation next week, I just posted on SSRN a draft paper arguing that the President lacks independent power to terminate trade agreements.  Here are the title and abstract.  Comments are most welcome. Terminating Trade Agreements: the Presidential Dormant Commerce Clause Versus a Constitutional Gloss
Joel Trachtman 10 Aug 2017 1 min read

The Martyrdom of statistician Andreas Georgiou: Another Pretext for Greece-Bashing :

Once again, the international media, along with some EU officials, are presenting Greece's former chief statistician Andreas Georgiou as a martyr.  The story goes as follows:  during the crisis Mr. Georgiou was not only an honest but heroic apostle for truth in numbers, unflinching in revealing the awful
Rob Howse 07 Aug 2017 3 min read

The Doha Problem

The WTO has just published the request by Qatar for consultations with the United Arab Emirates, Bahrain and Saudi Arabia concerning their trade restrictions. I quickly skimmed through the requests and found a few interesting points: 1. This is the second time a WTO Member has made consultation requests simultaneously
Henry Gao 05 Aug 2017 2 min read

How Trump Thinks/Talks About Trade

The Washington Post has a transcript of President Trump's January 27 phone call with Mexican President Enrique Peña Nieto. Here are some excerpts related to trade: Trump: ... I consider you a friend and I consider Luis, the person working with you, a very smart man. To be very
Simon Lester 03 Aug 2017 8 min read

Senate Democrats Prepare a Trade War Beyond Trump's Wildest Fantasies

Yesterday, led by Charles Schumer of New York, a group of Senate Democrats unveiled a protectionist trade platform that, as the New York Times put it, "seek[s] to outdo Trump on trade." The platform includes taking unilateral action against our trading partners "independent from...WTO constraints&
Rob Howse 03 Aug 2017 5 min read

Three Viewpoints on China's Non-Market Economy Status

Law student Ritwik Bhattacharya sends along an interesting short paper on China's non-market economy status, entitled "Three Viewpoints on China's Non-Market Economy Status."  Here's the abstract: On December 15, 2016, China requested consultations with the United States and the European
Simon Lester 01 Aug 2017 1 min read

Two Points about a Wilbur Ross Op-Ed

Secretary of Commerce Wilbur Ross has a new op-ed in the WSJ.  One thing he does in the op-ed is include a chart of average applied tariffs for the U.S., EU and China, after which he says this: As the nearby chart shows, China’s tariffs are
Simon Lester 01 Aug 2017 2 min read

A Possible Approach to Transitional Double Hatting in Investor-State Arbitration

In a recent ESIL Reflection, Malcolm Langford, Daniel Behn and Runar Hilleren Lie examine “The Ethics and Empirics of Double Hatting” in investor-state arbitration. (For the full article, see the Journal of International Economic Law). They found that a total of 47% of the cases they studied involved at
Anthea Roberts 31 Jul 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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