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Will the EU Grant China Market Economy Status?

This is from the FT: Washington has warned Brussels against granting China ‘market economy status’, saying the long-sought trade concession could hamper efforts to prevent Chinese companies flooding US and European markets with unfairly cheap goods. ... US officials have warned EU counterparts that granting Beijing MES would amount to
Simon Lester 30 Dec 2015 1 min read

How High Were Tariffs Before the GATT?

In various papers I've written, I'm sure I have made the point that prior to the GATT, world tariffs were around 40%, and the GATT/WTO brought them down from there to much lower levels.  I suspect others have done the same. But Chad Bown and
Simon Lester 23 Dec 2015 1 min read

Philip Morris Loses its ISDS Plain Packaging Case against Australia

Investment Arbitration Reporter has the scoop: A tribunal at the Permanent Court of Arbitration has issued a decision dismissing a high-profile case between cigarette multinational Philip Morris and the Commonwealth of Australia. The PCA website indicates that a Decision on Jurisdiction and Admissibility was issued on December 17, 2015.
Simon Lester 17 Dec 2015 1 min read

Appeals of Article 22.6 Arbitration Decisions

Last week, in a post about a systemic issue involving the calculation of the level of nullification or impairment in an Article 22.6 proceeding, Joost said:  "as systemic as this finding is, 22.6 arbitration reports cannot be appealed. Is this, however, not the kind of finding one
Simon Lester 17 Dec 2015 2 min read

I Keep Hearing that the WTO Negotiating Function is Broken ...

... but then I see this: More than 50 members of the World Trade Organisation on Wednesday concluded the biggest tariff-reduction deal in almost two decades, eliminating restrictions on the $1.3tn trade of 201 IT products. Wednesday’s expansion of the 1996 Information Technology Agreement will increase global gross
Simon Lester 17 Dec 2015 1 min read

Justice Florentino Feliciano

I was saddened to hear of the passing of Justice Florentino Feliciano, one of the members of the original WTO Appellate and a distinguished international jurist.  Toy brought his brilliant and razor-sharp mind to whatever task he had and was at his best in harmonizing differing bodies of international
Charnovitz 15 Dec 2015 1 min read

Senator Cruz on Promoting Imports of Medical Products That Have Been Approved Abroad

Here's something from an op-ed by Senator, and Presidential hopeful, Ted Cruz, making the case for legislation he is co-sponsoring: ... as scientists and investors abandon the U.S., the FDA continues to prevent life-saving drugs from coming into the country. Take, for example, the multiple-
Simon Lester 15 Dec 2015 1 min read

Trump-State Dispute Settlement

This is from the Washington Post, in the context of an article about how Donald Trump's recent statements are affecting his business activities: In the longer term, however, Trump could face problems. There have already been several worrisome harbingers for the Republican presidential candidate. This week, a major
Simon Lester 15 Dec 2015 1 min read

The Paris Climate Change Draft Treaty: Where Are the Dispute Settlement Provisions?

The global climate change conference in Paris has adopted the draft of an international treaty aimed at transforming the world's fossil fuel-driven economy within decades and slowing the pace of global warming to well below 2 degrees Celsius. Many consider this text as “historic” and  according to
Marc Benitah 13 Dec 2015 1 min read

Cool Arbitrator Finds That Only Lost Trade Is “Recoverable” Not Broader Economic Harm Suffered By Canada/Mexico

The December 7 retaliation decision in US - COOL includes a finding of great systemic importance to the trading system. When a country is the victim of a WTO violation, what “damages” are “recoverable”? We all know that the WTO never awards cash. The closest it gets is to put a
Joost Pauwelyn 10 Dec 2015 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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