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Jeb Bush Revives the FTAA

In a foreign policy address today, likely presidential candidate Jeb Bush said (at 38:05) that "the focus [of US policy towards Latin America] ultimately needs to get back to a Free Trade Agreement of the Americas." Of course, that idea failed once before, but could a new
Simon Lester 18 Feb 2015 1 min read

Bernard O'Connor on Constructing Normal Value

This is the abstract from a paper by trade lawyer Bernard O'Connor: Constructing Normal Value in WTO Anti-Dumping Law. Giving meaning to the phrase open, market-oriented policies in the preamble to the Marrakesh Declaration This paper looks at the construction of normal value in WTO anti-
Simon Lester 18 Feb 2015 1 min read

IS “QUANTITATIVE EASING” EQUIVALENT TO EXCHANGE RATE MANIPULATION?

In the context of the present fast track negotiations, a recent article in the New York Times points out the following aspect: The Obama administration fears that prohibitions on currency intervention could boomerang on Washington, allowing trading partners to challenge policies of the Federal Reserve Board. In the implicit view
Marc Benitah 17 Feb 2015 2 min read

The Scope of Interim Review

I enjoyed this passage from the China - HP-SSST WTO panel report circulated on Friday: 6.24. Japan suggests that the Panel's analysis of the use of the indefinite article "a" preceding "like product" in the second sentence of Article 3.2 is "
Simon Lester 16 Feb 2015 1 min read

John Oliver on Tobacco Regulation and IEL

Here's John Oliver on his show last night, giving his take on the tobacco litigation going on right now in international economic law: He didn't get into the interpretive issues related to overlap/conflict between the WTO and the FCTC, which I talk about in the
Simon Lester 16 Feb 2015 1 min read

Interim Review: Get Rid of It, or Expand It?

I recall many years ago conversations about how interim review in the WTO panel process was a waste of time, and we should get rid of it.  It had been proposed as a way to improve the quality of panel reports, but appellate review served that same purpose, so there
Simon Lester 12 Feb 2015 3 min read

A Short Treatise on International Trade Law

International trade law covers so much these days that it's hard to write a treatise or casebook on it in less than 1,000 pages.  Trust me on this, or give it a try yourself. Law prof Michael Trebilcock has just given it a try, with some success.
Simon Lester 12 Feb 2015 1 min read

Mega-Regionals and Developing Countries

It turns out that when you have trade negotiations with only a select group of countries, other countries are left out.  Often, those who are left out are developing countries.  What's the impact of having "mega-regional" trade talks that exclude most developing countries?  Some people
Simon Lester 12 Feb 2015 2 min read

Investor-State Tribunals as Courts of Appeal

This is from Canada's counter-memorial submission in the Eli Lilly NAFTA Chapter 11 case: 213. First, Article 1105(1) requires the NAFTA Parties to accord to investors and their investments the customary international law minimum standard of treatment of aliens. That standard, as has been overwhelmingly affirmed
Simon Lester 10 Feb 2015 2 min read

Trade in Everything: Medical Marijuana Without the High

Even though marijuana has been legalized here and there, it may be a while before it is traded internationally.  But what if there is a new kind of marijuana, one that relieves pain without the high?  This is from the Washington Post: In a greenhouse in the mountains of the
Simon Lester 10 Feb 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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