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A Turning of the Tide against ISDS?

The Court of Justice for the European Union fired a significant shot at investor-state dispute settlement (ISDS) this week, and the result is likely to be much more than just a flesh wound. In deciding that the European Union did not have exclusive competence to enter into agreements including
Anthea Roberts 19 May 2017 8 min read

Conference: Brexit, China, and Other New Challenges to International Trade Law

This announcement is from Ming Du at the Centre for Chinese Law & Social - Legal Studies of Surrey University: On 31st May 2017, the Centre for Chinese Law & Social - Legal Studies of Surrey University, together with the British Institute of International and Comparative Law, will hold an international conference
Simon Lester 15 May 2017 1 min read

U.S.-China Trade Peace Has Broken Out

Instead of the U.S. - China trade war that may have seemed like it was coming, we are seeing positive U.S. - China trade relations so far.  The Trump administration and China recently worked out a deal on a few small trade issues.  Here are two items to illustrate how
Simon Lester 14 May 2017 1 min read

Clarity on Trump's Trade Policy

This is from an Economist interview with Donald Trump: It sounds like you’re imagining a pretty big renegotiation of NAFTA. What would a fair NAFTA look like? Big isn’t a good enough word. Massive. Huge? It’s got to be. It’s got to be. What would it
Simon Lester 11 May 2017 2 min read

Comments by Steve Charnovitz on Section 232 Aluminum Investigation

Comments on Section 232 National Security Investigation of Imports of Aluminum From Steve Charnovitz, George Washington University Law School May 11, 2017 DOC Billing Code 3510-33-P Aluminum is vital to US national security and therefore it is good news that world markets and US product of aluminum are
Charnovitz 11 May 2017 4 min read

Call for Papers – Resolving the Tensions between EU Trade and Non-Trade Objectives: Actors, Norms, and Processes

The Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) seeks paper proposals for the workshop on “Resolving the Tensions between EU Trade and Non-Trade Objectives: Actors, Norms, and Processes”. The workshop takes place on 10 November 2017 at Utrecht University. Full details are here. Submissions of paper proposals
Inu Manak 11 May 2017 1 min read

Tomorrow's 10th Update on WTO Dispute Settlement Livestreamed from Geneva

For those not able to make it to Geneva, we will livestream tomorrow's 10th Update on WTO Dispute Settlement here. The event takes place tomorrow, Thursday, May 11, 6 to 8 pm Geneva time. Speakers include: - Amb. Carim (2016 DSB Chair & now Chair of the General Council)
Joost Pauwelyn 10 May 2017 1 min read

Will the US-Canada Lumber Dispute Ever Be Resolved?

Former President Jimmy Carter weighed in on the U.S.-Canada lumber dispute yesterday.  He noted that "[t]imber sales are a major source of income for my own family," and he thus agreed with the U.S. industry that Canada is behaving unfairly, as the provinces charge
Simon Lester 10 May 2017 2 min read

Will The Section 232 Determinations Be Appealed to U.S. Courts?

The Trump administration has recently announced Section 232 investigations into whether steel and aluminum imports impair national security.  A key issue will be whether these products are "being imported into the United States in such quantities or under such circumstances as to threaten to impair the national security."
Simon Lester 04 May 2017 2 min read

The Plain Packaging WTO Decision

Bloomberg reports: The World Trade Organization upheld Australia’s right to impose plain-package label restrictions on the sale of tobacco products, dealing a blow to the cigarette industry, according to two people close to the situation. A WTO dispute-settlement panel backed Australia’s argument that the rules it
Simon Lester 04 May 2017 1 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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