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Guest Post: How to (legally) respond to the ‘reciprocal’ tariffs announced by the Trump administration?

This is a guest post from Antoine Comont, Ph.D Candidate at Laval University and the University of Bordeaux If respecting international law is a virtue that still makes sense to you, the question for each of the countries affected by the tariffs announced yesterday by the administration is how
Simon Lester 05 Apr 2025 10 min read

Collective Economic Security

Collective Economic Security By Mona Paulsen (LSE Law) and Dan Ciuriak (C.D. Howe (Senior Fellow)) With a flurry of pomp and circumstance, the second Trump administration has reset United States trade with its trading partners. Based on U.S. laws that afford wide Executive discretion towards trade actions owing
Mona Paulsen 03 Apr 2025 5 min read

A Few Answers To My Questions about Trump's Reciprocal Tariffs

Last week, I asked a lot of questions related to what we might expect from Trump's "reciprocal tariffs." Now we have a few answers in the Executive Order and a fact sheet from yesterday. Let's go through them. Which statutes will they use as
Simon Lester 03 Apr 2025 8 min read

Call for Papers: Law and Economic Development

This is from the ASIL International Economic Law interest group: The University of Hawai'i at Mānoa, William S. Richardson School of Law and the Law and Development Institute are co-hosting a conference in December 2025 in Honolulu, Hawai'i. The conference theme is "Law and
Inu Manak 31 Mar 2025 1 min read

Guest Post: How to retaliate against looming Trump tariffs

This is a guest post from Simon Schropp (BRG and George Washington University) and Kornel Mahlstein (Sidley Austin LLP) Eight weeks into the Trump Administration it appears that the “Trump tariffs” on America’s closest allies are not mere posture. Treasury Secretary Scott Bessent announced on March 18 that the
Simon Lester 31 Mar 2025 5 min read

The U.S. Argument that GATT Article XX Applies to Non-GATT Goods Agreements (Including the SCM Agreement)

In its first written submission in the U.S. - IRA Tax Credits WTO dispute (DS623), the U.S. makes a number of arguments people might find interesting. First, there's a new invocation of the GATT Article XXI security exception related to the exclusion under the Internal Revenue Code
Simon Lester 30 Mar 2025 6 min read

Passing of Steve Charnovitz

I was saddened to hear of the passing this week of the great trade law scholar Steve Charnovitz, a professor at GW law school. The full list of his scholarly works can be found at his personal website. Steve was also one of the founding bloggers here at the IELP
Simon Lester 26 Mar 2025 1 min read

Questions about Trump's Reciprocal Tariffs

President Trump and his trade team have been pointing to April 2 as the big day for his reciprocal tariffs. At this point, I have lots of questions, but few answers, about what to expect from all this. Here are some of my questions: - Which statutes will they use as
Simon Lester 23 Mar 2025 3 min read

WTO Dispute Settlement and Certainty

At the always excellent Georgetown Law International Trade Update last week, there was a "Fireside Chat" between Demetrios Marantis (former Deputy U.S. Trade Rep. and acting U.S. Trade Rep.) and Biden administration Ambassador to the WTO Maria Pagan. They covered a lot of ground, and on
Simon Lester 19 Mar 2025 2 min read

Politicized AD/CVD vs. Neutral WTO Adjudication As a Way To Address Unfair/Non-Market/Protectionist Practices

In this post, I'm going to talk about an assumption that I think is held by many people (in the U.S. and elsewhere): AD/CVDs are a good way to respond to unfair/non-market/protectionist practices in other countries. I'm going to call that
Simon Lester 16 Mar 2025 4 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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