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Green Industrial Policy, Tariffs, and Domestic Content Requirements

The WTO panel report in India - Solar Cells, circulated last week, triggered some thoughts about green industrial policy, by which I mean government actions to help push us towards the use of cleaner energy. I'm skeptical of all industrial policy, and therefore I'm also skeptical of
Simon Lester 29 Feb 2016 2 min read

INDIA-SOLAR CELLS: THE STRANGE ABSENCE OF THE SCM IN THE US CLAIM

In India-Solar Cells, the United States' first request for consultations was also made (beyond TRIMS and Article III:4 of GATT 94) pursuant to Articles 4 of the SCM prohibiting subsidies contingent about the use of domestic products. However, the United States' second request for consultations was
Marc Benitah 29 Feb 2016 1 min read

The First GATT Article XX(j) Case

From today's India - Solar Cells WTO panel report: 7.202. We note at the outset that the general exception contained in Article XX(j) has never been invoked as a defence before a GATT/WTO dispute settlement panel. Article 3.2 of the DSU directs us to interpret
Simon Lester 24 Feb 2016 1 min read

The "Right to Regulate" and ISDS/ICS

There's an interesting exchange on ISDS/ICS between MEP Bernd Lange and EU Trade Commission Cecilia Malmstrom (the latter is a subscriber-only Inside US Trade document).  I was particularly interested in Commissioner Malmstrom's explanation of the new "right to regulate" provision (discussed here
Simon Lester 24 Feb 2016 1 min read

Update on Regulatory Issues in the TTIP

Inside US Trade reports on the state of regulatory issues in the TTIP: The European Commission has decided to hold off on tabling a revised text on regulator-to-regulator cooperation at the 12th round of Transatlantic Trade and Investment Partnership (TTIP) talks this week, and likely will not come
Simon Lester 23 Feb 2016 1 min read

President Obama on the TPP Tobacco Carveout

From remarks by President Obama yesterday: With respect to tobacco, we said very explicitly in this trade deal that any country that regulates tobacco is not somehow violating trade agreements as long as it’s done fairly, as long as they’re not discriminating against American tobacco companies versus their
Simon Lester 23 Feb 2016 1 min read

Using the Tobacco Carveout

From the National Interest Analysis of the TPP undertaken by Australia: 5. Australia will also lodge a notification, expressly permitted under Article 29.5, electing to prevent any and all Investor-State Dispute Settlement (ISDS) challenges to Australia’s tobacco control measures under the TPP. No word on whether Australia
Simon Lester 22 Feb 2016 1 min read

Professor (or Associate Professor) in International Economic Law

From PluriCourts: A position as professor (or associate professor) in International Economic Law is announced at PluriCourts. The application deadline is 1 April. Job Description A position as professor (or associate professor) is announced at PluriCourts, a Centre for the Study of the Legitimate Roles of the Judiciary in the
Simon Lester 22 Feb 2016 1 min read

Negotiating Debt Relief for Greece in the Shadow of the Brexirendum

I've been saying for some time now that Greece's Prime Minister Alexis Tsipras is, contrary to conventional wisdom, a shrewd negotiator and tactician (see my post on this blog last summer  bit.ly/1HqHRyA).  These traits were clearly on display this last week, when Europe'
Rob Howse 21 Feb 2016 4 min read

Spinning the WTO GPA to intimidate the BDS Movement: The UK Crackdown

The WTO Government Procurement Agreement (GPA) is at the heart of a controversy in the UK surrounding the boycott  by some local councils of products and services associated with illegal settlements in Palestine.   It has been widely reported in the UK press that the government is imposing severe legal penalties
Rob Howse 17 Feb 2016 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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