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Airline Subsidies

As the current trade negotiating agenda struggles along, both at the multilateral and mega-regional levels, perhaps there are some government actions out there that could provide the basis for productive new negotiations.  One area that always gets me fired up is subsidies:  agriculture subsidies and export credits are big
Simon Lester 13 May 2015 2 min read

Canada's Submission in the WTO Plain Packaging Dispute

Someone sent me Canada's third party submission in the WTO plain packaging dispute.  I checked with a friend who works for the Canadian government, and he said it was fine to post it, so here it is.  Here's an excerpt: 42. A finding of a right
Simon Lester 13 May 2015 1 min read

Senator Warren on ISDS

From a Washington Post interview with Senator Elizabeth Warren: You can’t envision even in theory a way to structure ISDS that would assuage your concerns? WARREN: Once a group of independent arbiters, whose decisions cannot be appealed, can issue a money judgment of any size, then the ISDS problem
Simon Lester 11 May 2015 1 min read

President Obama on ISDS

It's kind of incredible to see a U.S. President talking about an issue as technical as ISDS.  Check it out at 10:48 and 19:10 of this video.  Putting aside the argument about whether ISDS is good or bad, I think he is making a mistake
Simon Lester 11 May 2015 2 min read

Benefit and Market in the AB Feed-In Tariff Report

I'm at the BIICL WTO conference, which has me thinking about a good discussion last year of the Appellate Body's ruling on "benefit" in the Canada - Feed-In Tariff case (see prior posts here and here).  As I recall, there were two people on
Simon Lester 07 May 2015 4 min read

New ISDS Concepts and Texts

EU Trade Commissioner Cecilia Malmström has just announced some new ideas on ISDS, set out in this concept paper.  One of the ideas is to move investment arbitration towards being a real "international investment court."  Along the same lines, here are some ideas coming from Germany, which also
Simon Lester 05 May 2015 3 min read

She Sells Seychelles by the Shore of Lake Geneva

Just for fun, I've been reading the Working Party Report related to the recent Seychelles accession to the WTO (and yes, I am available to come to the Seychelles and give WTO training courses to government officials, in case they are looking for someone).  I saw three items
Simon Lester 05 May 2015 2 min read

CALL FOR PAPERS - Joint ASIL-ESIL-Max Planck Scholarship Workshop, "The Future of Transatlantic Economic Governance in the Age of the BRICS"

From the ASIL/ESIL/Max Planck: On 11-12 December 2015, the International Economic Law Interest Groups of the American and European Societies of International Law, together with the Max Planck Institute for Comparative Public Law and International Law, will hold a joint works-in-progress workshop in Heidelberg, Germany.
Simon Lester 05 May 2015 1 min read

The TPP and Tobacco: More on the Carveout

Law profs Sergio Puig and Greg Shaffer want to get tobacco out of the TPP: The Obama administration is poised to finalize the Trans-Pacific Partnership (TPP) agreement. If Congress passes the current trade promotion authority bill, the TPP will become subject to a simple up or down vote, without
Simon Lester 01 May 2015 2 min read

The TPP and GATT Article XXIV

This is from Inside U.S. Trade: the U.S. is negotiating market access [under the TPP] on the basis of bilateral offers, meaning it could end up imposing one tariff on Malaysian dairy products, for instance, and a different tariff for New Zealand. Here's my question: Would
Simon Lester 30 Apr 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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