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Why Congress Can't Block the Iran Deal

Even if there are enough votes to override President Obama's veto of the Congressional resolution disapproving the Iran deal, Congress's disapproval may mean little in terms of the future of the deal.  While contrary to the conventional wisdom, including that of many US supporters of the
Rob Howse 08 Aug 2015 3 min read

Senator Charles Schumer: Incoherence and Confusion on Iran

New York Senator Charles Schumer has taken a stance against the Iran deal. https://medium.com/@SenSchumer/my-position-on-the-iran-deal-e976b2f13478 Predictable some will say; disappointing, others will moan.  But Schumer's statement defending his position is a must-read.  Schumer says that his overall judgment
Rob Howse 06 Aug 2015 2 min read

Peru--Agricultural Products: WTO versus RTAs (and other non-WTO international law)

In addition to the AB's findings on interpretation in this case, discussed by Adarsh Ramanujan, it seems to me that para 5.112 of the AB decision (quoted below) is also very important, stating that the amendment and waiver provisions of the WTO are lex specialis, prevailing over
Joel Trachtman 04 Aug 2015 1 min read

Guest Post on Peru - Agricultural Products

This is a guest post from trade lawyer Adarsh Ramanujan:Comments on Article 31 of the Vienna Convention The AB Report in DS457: Peru –Agricultural Products (adopted on July 31) had some very interesting points on Article 31 of the Vienna Convention, in particular, sub-paragraphs (a) and (c), and
Simon Lester 04 Aug 2015 7 min read

Can Section 337 Be Used to Block Digital Imports?

From the WSJ: A U.S. appeals court this month will consider whether federal tariff law gives the International Trade Commission the power to order a halt to foreign digital transmissions into the U.S. when those communications infringe U.S. intellectual property. Traditionally, the ITC has intervened only to
Simon Lester 03 Aug 2015 1 min read

Maui Post-Mortem

As everyone has probably heard by now, negotiators could not reach a TPP deal in Maui.  Here's a roundup of some commentary: Washington Post: High-level talks to forge a ­12-nation trade deal spanning the Pacific broke up Friday without resolving contentious disputes over Canadian dairy tariffs,
Simon Lester 01 Aug 2015 2 min read

Appellate Body Secretariat Job

There's a job opening in the Appellate Body Secretariat. These don't come along too often, so take advantage of the opportunity! Vacancy Notice No.: EXT/F/15-36    Title: Dispute Settlement Lawyer    Grade: 9    Contract Type: Fixed-term    Starting Salary: CHF 134,940 net per annum
Simon Lester 31 Jul 2015 4 min read

The Value of the SPS Agreement

I've been reading the U.S. - Animals (yes, that's the official short title!) WTO panel report.  It's over 200 pages long, and goes into great detail about foot and mouth disease and the relevant international standards, before delving into a variety of claims under
Simon Lester 31 Jul 2015 1 min read

Clarifying Something

I recently came across this: According to US trade lawyer Simon Lester, dispute settlement between states under the TPP or TTIP would then require them to invoke their rights within the WTO and seek the jurisdiction of the WTO’s dispute settlement understanding (DSU). However, the right to invoke the
Simon Lester 29 Jul 2015 1 min read

Regulating Pharmaceutical Prices

From the NY Times: Cost transparency bills [for pharmaceuticals] have also been introduced in California, Massachusetts, North Carolina, Oregon and Pennsylvania. Three of the bills require disclosures for drugs costing $10,000 or more per year. The others have different criteria. Besides development costs, some of the bills would require
Simon Lester 29 Jul 2015 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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