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Proposed Retaliation Amount in Tuna

Mexico has moved forward in the Tuna WTO proceedings, announcing its proposed amount of retaliation: In accordance with Article 22.2, Mexico requests authorization from the DSB to suspend the application to the United States of tariff concessions and other related obligations in the goods sector under GATT 1994 in
Simon Lester 17 Mar 2016 1 min read

More on the Economic Benefits of Removing Non-Tariff Barriers

Here is an exchange from a New Zealand parliamentary hearing on the TPP: Clark: On that point, the non-tariff barrier portion of the argument—the analysis, or the modelling, seems to have gone to a view that, crudely characterised as “Think of a number and then halve it.” in
Simon Lester 15 Mar 2016 1 min read

More on Frivolous ISDS Claims

Here is the abstract of a new paper from Krzysztof Pelc, entitled "Does the Investment Regime Induce Frivolous Litigation?": The treatment of foreign investment has become the most controversial issue in global governance. At the centre of the controversy lies the mechanism of investor-state dispute settlement (ISDS)
Simon Lester 15 Mar 2016 2 min read

H-1B Visas

Apparently, I am going to have to learn a bit more about H-1B visas. They are the subject of a new Indian WTO complaint against the U.S., which I may have something to say about next week. And they came up in last night's Republican presidential
Simon Lester 11 Mar 2016 3 min read

Frivolous and Unfounded Claims under CETA ISDS

Here is a recent @Trade_EU tweet: "CETA has a fast track system for rejecting unfounded or frivolous investment protection claims – in a matter of weeks!" The CETA provisions they are referring to are the following: Article 8.32 Claims manifestly without legal merit 1. The respondent may,
Simon Lester 11 Mar 2016 1 min read

Regulating Pesticides

This is from an article on the EU regulation of certain pesticides, in the latest issue of the Economist: MORE herbicides contain glyphosate, a weedkilling chemical, than any other agent. Monsanto, an agricultural giant, first sold Roundup, a product containing the stuff, to farmers in the 1970s. Since then use
Simon Lester 08 Mar 2016 2 min read

Trade in Everything: Lion Hunting Services

From the Washington Post a few weeks ago: They call it canned hunting. South African ranchers breed lions in captivity, from cubs to adults, then release them just after the arrival of a hunter who pays about $15,000 for a kill. Sometimes the animal is drugged to make it
Simon Lester 08 Mar 2016 1 min read

1990s Paul Krugman vs. Today's Paul Krugman

Back in the 1990s, I remember enjoying Paul Krugman's writings about trade policy and globalization.  But now he writes things like this: After all, doesn’t everyone know that protectionism causes recessions? Actually, no. There are reasons to be against protectionism, but that’s not one of them.
Simon Lester 06 Mar 2016 2 min read

The New Investment Appellate Court Will Have Remand

This is from Article 8.28, para. 2 of CETA: 2. The Appellate Tribunal may uphold, modify or reverse a Tribunal's award based on: (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant
Simon Lester 02 Mar 2016 1 min read

Will the New Investment Court Be Used?

Todd Weiler is worried that the EU proposals for an investment court -- now in both the (yet-to-be-ratified) CETA and EU-Viet Nam FTA -- could lead to restrictive interpretations that make it too hard to win cases: The changes could lead to a tribunal that is seldom used,
Simon Lester 02 Mar 2016 1 min read

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Featured

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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