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Trade Polling: Americans Don't Think Trade Matters Much

Based on some recent polling, neither Americans in general, nor various scholars, think the TPP or TTIP matters much, at least to them personally: and:
Simon Lester 20 Jul 2015 1 min read

GATT Article XX: The Chapeau vs. the Sub-Paragraphs

This is from Lorand Bartels, in the latest AJIL: The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction ... Conclusions This article argues that the Appellate Body has misunderstood the chapeau and that, in particular, there is no analytic, structural, or even thematic difference between
Simon Lester 20 Jul 2015 1 min read

Water Pricing and Subsidies

Let's say California is experiencing a serious drought. And let's say companies are bottling and selling municipal water from California. And let's say that the price set by the government for the purchase of this water is low enough that it contributes to consumption
Simon Lester 17 Jul 2015 1 min read

Tie Votes at the ITC and WTO

This is from Inside US Trade: In Tie Vote, ITC Find U.S. Producers Are Injured By Chinese Tire Imports In a victory for the United Steelworkers (USW) union, the U.S. International Trade Commission (ITC) on Tuesday (July 14) issued a final determination that domestic tire producers are being
Simon Lester 17 Jul 2015 1 min read

The Deal on Greek Debt:Political Gamechanger for Europe,Tactical Retreat (not Surrender) by Tsipras

The conventional wisdom, delivered before anyone could really ponder the fine print of the Greek debt deal, is that Tsipras surrendered to the creditors in a humiliating defeat.  His referendum and prior tenacity in negotiations proved futile,according to the predominant account that has emerged in the media and the
Rob Howse 13 Jul 2015 6 min read

Non-Violation and TRIPS (and GATT and GATS)

This is from a submission by a number of WTO Members who are skeptical of allowing non-violation and situation complaints -- through the removal of the current moratorium on those complaints -- under the TRIPS Agreement: Non-violation and situation complaints are unnecessary to protect any balance of rights and obligations
Simon Lester 13 Jul 2015 2 min read

Some IP Protections Probably Go Too Far

This is from Fredrik Erixon of Brussels think tank ECIPE: Thirdly, it is difficult to find economic justifications to put copyright concerns in the top league of priorities. Copyrights are already much longer than is economically motivated. There is not an efficient system for global registration and transfers of copyrights;
Simon Lester 13 Jul 2015 1 min read

WHEN THE APPELLATE BODY REFORMULATES WITHOUT JUSTIFICATION A CANON OF INTERPRETATION: CONSEQUENCES FOR CHINA'S EXCHANGE RATE LEGAL STATUS

The canon of interpretation ejusdem generis states that where a listing of particular persons or things is FOLLOWED by a general term, the general term must refer to the same kinds of persons or things previously listed. In other words, the general term is limited by things ejusdem generis - “of
Marc Benitah 12 Jul 2015 2 min read

The TPP and Jobs

I wish there were a lot less talk of the TPP leading to massive job losses or job gains, and instead people said more sensible things like this, from Ted Moran: But economists are taught—as a matter of theory—that trade agreements cannot be expected to create a greater
Simon Lester 10 Jul 2015 1 min read

More from the Productivity Commission on ISDS

We discussed what Australia's Productivity Commission thought of ISDS back here.  Now they have something more to say, but I couldn't do anywhere near as good a job explaining it as Esme Shirlow did over at the Kluwer Arbitration Blog.  Here's an excerpt, but
Simon Lester 10 Jul 2015 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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