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China's WTO Complaint Against U.S. NME Treatment

China's WTO complaint related to certain anti-dumping methodologies used by the US Department of Commerce is here (the parallel complaint against the EU is here).  For now, I'm not going to get into the specific methodologies or AD Agreement legal obligations, but instead will focus
Simon Lester 16 Dec 2016 5 min read

US Presidential Power to Terminate Trade Agreements

Julian Ku and John Yoo have an op ed in the LA Times, arguing that the President cannot withdraw the U.S. from NAFTA or the WTO on his own.  Their writing, but probably not their thinking, conflates the issue of withdrawal from the treaty, which the President arguably can
Joel Trachtman 15 Dec 2016 4 min read

The International Criminal Court Should Investigate Germany's Finance Minister for Crimes Against Humanity in Greece

In the latest episode of infliction of suffering on Greece, its Eurozone creditors have halted the recently agreed debt relief plan because the Tsipras government has decided to provide emergency payments to the country's most vulnerable pensioners. The widespread and severe suffering imposed on the Greek people by
Rob Howse 15 Dec 2016 3 min read

Avi-Yonah and Clausing on the GOP Tax Plan

Following-up on Joel's great post from a few days ago, here's more on the GOP tax plan, from Reuven Avi-Yonah and Kimberly Clausing: The introduction to the Ryan proposal (the “Blueprint”) states that: This Blueprint represents a dramatic reform of the current income tax
Simon Lester 14 Dec 2016 1 min read

IntLawGrrls! Tenth Anniversary Conference

Diane Marie Amann from the University of Georgia shares the following opportunity: The blog IntLawGrrls: voices on international law, policy, practice, will celebrate its first decade with“IntLawGrrls! 10th Birthday Conference” on Friday, March 3, 2017. The daylong event will be held at the Dean Rusk International Law Center of
Inu Manak 14 Dec 2016 1 min read

John Jackson on Border Tax Adjustments

As noted recently here on this blog, border tax adjustments are a hot topic in tax and trade policy. This issue is not a new one; it has been around for a long time. In his masterpiece "World Trade and the Law of GATT," published in 1969, the
Simon Lester 13 Dec 2016 4 min read

Call for Papers: International Investment Law & the Law of Armed Conflict

The Athens Public International Law Center (AthensPIL) of the National and Kapodistrian University of Athens Faculty of Law is hosting, in the context of the Investment Law Initiative, a Colloquium on ‘International Investment Law & the Law of Armed Conflict’, which will take place on October 5 & 6, 2017,
Inu Manak 13 Dec 2016 1 min read

The Windstream Investment Arbitration

The award in the Windstream v. Canada NAFTA Chapter 11 investment arbitration was recently published. Investment Arbitration Reporter has a full summary here. I wanted to highlight two aspects of the fair and equitable treatment reasoning. First, the tribunal seemed to apply a strict "no dictionaries" principle: 357.
Simon Lester 12 Dec 2016 3 min read

The 15 Year Period of Not Litigating About Whether China is a Non-Market Economy Has Ended

The 15 year period after China's WTO accession during which litigation about the treatment of China as a "non-market economy" was put on hold has now expired, and the litigation can commence. This is from Inside US Trade: China this week wasted no time challenging
Simon Lester 12 Dec 2016 1 min read

The International Aspects of the Republican Tax Plan (Probably) Violate WTO Law

Continuing from Simon’s interesting post on The GOP’s Response to VAT. . . .  In June 2016, the House Republican Tax Reform Task Force, led by Congressman and House Ways and Means Chair Kevin Brady, published a “Tax Reform Task Force Blueprint.”  The Blueprint proposes repealing the current corporate income tax,
Joel Trachtman 10 Dec 2016 4 min read

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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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