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WHY DOES US CVD LEGISLATION MODIFY ARBITRARILY THE WORDING OF WTO PROVISIONS?

I have noticed for a long time that, in the CVD context of determination of injury, the US  national legislation is at odds with the mirror WTO provision. In the US, Section 771(7)(C)(i) of the Act provides that the “Commission shall consider whether the volume of imports
Marc Benitah 26 Jan 2016 1 min read

Donald Trump on the Keystone XL Pipeline

The Obama administration's rejection of the Keystone XL pipeline was controversial; opinions on TransCanada's NAFTA Chapter 11 claim vary. Now Donald Trump has weighed in. You can probably imagine the result. This is from the Toronto Star: Republican presidential front-runner Donald Trump says he would
Simon Lester 25 Jan 2016 1 min read

ISDS Lawsuits: Small vs. Big Business

This is from a new paper by Gus Van Harten and Pavel Malysheuski: The sociological legitimacy of investment treaty arbitration, commonly known as investor-state dispute settlement (ISDS), appears to depend in part on an expectation that it benefits smaller businesses, not just large multinationals and the super wealthy. Proposed
Simon Lester 25 Jan 2016 2 min read

Canada vs. the EU vs. the U.S. on ISDS

This is a fascinating article on ISDS from CBC news, explaining the tension between the EU and U.S. positions on ISDS, and how Canada is caught in the middle: European Union officials quietly approached Justin Trudeau's new government last fall with a request to revisit the controversial
Simon Lester 25 Jan 2016 2 min read

The Roster of WTO Panelists vs. Actual WTO Panelists

Here's the list of Americans on the recently updated indicative list of WTO panelists: BROWN-WEISS, Ms. Edith CONNELLY, Mr. Warren GANTZ, Mr. David A. GORDON, Mr. Michael Wallace HODGSON, Ms. Mélida KASSINGER, Mr. Theodore W. KHO, Mr. Stephen LAYTON, Mr. Duane LICHTENSTEIN, Ms. Cynthia Crawford McGINNIS, Mr.
Simon Lester 24 Jan 2016 1 min read

WTO Conference

The conference formerly known as the BIICL WTO conference, and this year organized by BIICL, the IIEL, the Graduate Institute and SIEL, will be held in Geneva this year, on June 10-11. The call for papers is here. Here are the topics being covered: • 1. LEGAL INNOVATION IN TPP
Simon Lester 24 Jan 2016 4 min read

Cecilia Malmstrom on the Future of WTO Negotiations

She has three proposals: First, we must continue to work on outstanding Doha issues, particularly those issues that can only be solved by the WTO and not in bilateral or regional agreements. One such issue is subsidies. We cannot approach them in the same way that we have in the
Simon Lester 21 Jan 2016 2 min read

The ITC's Assessment of the TPP

This is from Congressman Sandy Levin's testimony to the ITC on the impact of the TPP on the U.S. economy: We all recognize that trade can be beneficial. The issue is not whether Members of Congress such as myself could pass an Econ 101 class, as President
Simon Lester 21 Jan 2016 2 min read

How Will the Tobacco Carveout Affect the Congressional TPP Vote?

This is from Inside US Trade: The Campaign for Tobacco-Free Kids, a U.S. anti-smoking group, is actively lobbying Democratic members of Congress hoping to sway them in support of the Trans-Pacific Partnership (TPP) based on the argument that the agreement's tobacco carveout is a
Simon Lester 18 Jan 2016 2 min read

The GOP Candidates Talk Trade Policy

Have you been following the U.S. presidential primaries? I don't recommend it. They are kind of awful. However, last night's GOP debate did have a bright spot or two related to trade. After the usual bluster by one candidate, and some mangled nonsense from another,
Simon Lester 15 Jan 2016 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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