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Another Point for the NAFTA Chapter 19 Debate

At the risk of overdoing it with NAFTA Chapter 19 here on this blog, another question just occurred to me. The bi-national panel system for reviewing domestic AD/CVD decisions started in the Canada - U.S. FTA, and was then brought into NAFTA.  But it has never been used
Simon Lester 27 Jul 2017 1 min read

Call for Papers: Thinking a Global Trade Governance for the 21st Century

From the Institute for International Law and Justice, NYU School of Law: The IILJ is co-organizing a conference in Buenos Aires, on 12 December 2017 on: “Thinking a Global Trade Governance for the 21st Century: Challenges and Opportunities on the Eve of the WTO´s 11th Ministerial Conference.” Abstracts
Inu Manak 26 Jul 2017 1 min read

Section 232 Steel Duties Delayed?

This is from the WSJ: President Donald Trump said his administration would take its time in making a long-awaited decision on whether to block steel imports, saying “we don’t want to do it at this moment.” Mr. Trump and his Commerce Secretary, Wilbur Ross, had earlier this year
Simon Lester 25 Jul 2017 1 min read

A Mexican Perspective on NAFTA Chapter 19

This is from blog reader and occasional commenter Adrián Vázquez Benítez, a Mexican trade lawyer: AFTER CHAPTER 19 NAFTA ELIMINATION: WHO WILL DEFEND US? USTR recently announced its objectives regarding the renegotiation of NAFTA, one seeking to remove Chapter 19 "Review and Dispute Settlement in Antidumping and Countervailing Duty
Simon Lester 25 Jul 2017 3 min read

Does NAFTA Chapter 19 Constrain AD/CVD Use?

This is from Chad Bown: Figure 1 illustrates the United States’ use of [trade remedies] over the NAFTA period of 1994–2016, as well as a projection for potential use in 2017 (more on this below). Each line represents the share of US imports from a different foreign source that
Simon Lester 20 Jul 2017 3 min read

Is NAFTA Chapter 19 Constitutional?

Here are some excerpts from an old law review debate about the constitutionality of CUSFTA Chapter 19: Alan Morrison of Public Citizen: If the meaning and applicability of the laws of the United States dealing with antidumping and countervailing duties are enunciated and given legally binding effect in decisions directly
Simon Lester 20 Jul 2017 3 min read

The New Calvo Doctrine of the Trump Administration: Renegotiating the Investment Chapter of NAFTA

In a recent post here, I commented on the absence of Fair and Equitable Treatment and protection against expropriation from the text on investment in the recently released (thought not finalized) Japan-EU Economic Partner Agreement (JEEPA), speculating that this might be seen as a shift to a focus on
Rob Howse 18 Jul 2017 2 min read

The Trump Administration's NAFTA Negotiating Objectives

USTR has just published the Trump administration's NAFTA negotiating objectives here. Many of them will look familiar, as they are a standard part of U.S. trade negotiations.  Here are some examples: Investment - "Secure for U.S. investors in the NAFTA countries important rights consistent with U.
Simon Lester 17 Jul 2017 1 min read

A New Environmental Exception in the JEEPA?

This is from the Trade and Sustainable Development chapter of the Japan-EU Economic Partnership Agreement (JEEPA), circulated by the EU last week: Article 4 Multilateral environmental agreements ... 4. The Parties reaffirm their commitment to achieving the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC). The
Simon Lester 10 Jul 2017 2 min read

ISDS Tobacco Litigation Costs

How much does ISDS litigation on tobacco regulation cost?  And who has to pay? This was from the Philip Morris v. Uruguay tribunal: 588. In view of the outcome of the case and the significant disproportion between the Parties’ respective costs, the Tribunal deems it fair and reasonable that the
Simon Lester 10 Jul 2017 2 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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