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Determining a Measure's Purpose

We had so much fun talking about discriminatory purpose last week, I thought I'd bring up the subject again.  This time, I want to focus on exactly how one might evaluate a measure's legitimacy, which you may or may not think involves a determination as to
Simon Lester 29 Apr 2016 7 min read

Regulating "Healthy" Cigarettes

From The Economist: TOBACCO companies specialise in contradiction. They herald the decline of smoking among youngsters, for example, then flaunt their sales to callow puffers. The most skilled contortionist in the industry may be Philip Morris International, the world’s biggest tobacco firm. To date, any good news for shareholders
Simon Lester 26 Apr 2016 1 min read

Section 337 Case on "Unfair and Illegal Practices Affecting Steel Sector"

This is a bold new case against steel imports: United Steelworkers (USW) International President Leo W. Gerard issued the following statement today in support of a new petition filed by United States Steel Corporation (U.S. Steel) under Section 337 of the Tariff Act of 1930. The petition was filed
Simon Lester 26 Apr 2016 2 min read

Guest Post: Treaty Interpretation Issues in Mesa v. Canada

This is a guest post from Mona Pinchis on the Mesa v. Canada NAFTA Chapter 11 decision On March 24, 2016, a decision was rendered in the Mesa Power Group LLC v Canada dispute. The Government of Canada released the decision a few days ago, including a concurring and dissenting
Simon Lester 24 Apr 2016 5 min read

Foreign Investment Opportunities for Marijuana

From the Washington Post: The Canadian government announced Wednesday that it will introduce legislation next year to decriminalize and legalize the sale of marijuana, making Canada the first G7 country to permit widespread use of the substance. Some Canadians are ready to make money off this: Already, Ontario’s provincial
Simon Lester 22 Apr 2016 1 min read

Hillary Clinton on ISDS

Todd Tucker picks apart Hillary Clinton's recent statements on ISDS ("With respect to the flawed ISDS provisions in TPP – which I even wrote about in my book – I think we need to have a new paradigm for trade agreements that doesn’t give special rights to corporations
Simon Lester 22 Apr 2016 1 min read

Tobacco Regulation in India

First, there is the issue of health warnings: India's health ministry has ordered government agencies to enforce a new rule for bigger health warnings on cigarette packs, stepping up a fight against the country's $10 billion cigarette industry that has shut down its factories in protest.
Simon Lester 19 Apr 2016 1 min read

President Obama on Individuals Suing Foreign Governments

Here's something President Obama just said: “If we open up the possibility that individuals and the United States can routinely start suing over governments, then we are also opening up the United States to being continually sued by individuals in other countries.” Although having watched the video myself,
Simon Lester 19 Apr 2016 1 min read

Understanding Bernie:The New Politics of Expression (and the trade policy fallout)

What is the source of Bernie Sanders' ability to raise tens of millions of dollars, bring out to rallies supporters in the tens of thousands, and run neck-and-neck in national polls,having been an unknown but months ago?  To understand the consequences of the current political environment
Rob Howse 19 Apr 2016 12 min read

Purpose in Non-Discrimination Obligations and Exceptions

In the Argentina - Financial Services Appellate Body report, circulated last Thursday, the Appellate Body has continued its push to keep certain non-discrimination obligations focused on the impact (or effect) of the measure, with any examination of the purpose (or objective or aim or intent) of the measure carried out
Simon Lester 18 Apr 2016 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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