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Implementing the Seal Products Decision

The European Commission has put forward a proposal for implementing the WTO Seal Products decision. Here's the Commission's summary of the proposal: With regard to the MRM exception, the contested discriminatory treatment can only be remedied by removing the MRM exception from the Basic Regulation as
Simon Lester 08 Feb 2015 2 min read

The CAFTA Labor Complaint: "in a manner affecting trade between the Parties”

As discussed here, one key issue in the U.S. claim against Guatemala under the CAFTA labor provisions is whether that failure to enforce labor laws was done "in a manner affecting trade between the Parties."  In its written submission, Guatemala criticizes the U.S. view of this
Simon Lester 05 Feb 2015 2 min read

The CAFTA Labor Dispute: Guatemala's Submission

USTR has posted Guatemala's first written submission in the labor complaint the U.S. brought against Guatemala. (Thanks to Ryan Rainey of Inside US Trade for the tip).  There are some interesting issues in there.  I'll mention a couple. Role of precedent from other areas of
Simon Lester 04 Feb 2015 3 min read

Call for Papers: Sociological Inquiries into International Law II (Toronto, 9-10 October 2015)

Call for Papers Sociological Inquiries into International Law II 9-10 October 2015 Workshop Theme A growing community of scholars is bringing international law into conversation with sociological research and theory. Major developments over the past years have come from studies across all subfields of international law, from human rights
Sungjoon Cho 04 Feb 2015 3 min read

Is International Law under Assault?

Over at Opinio Juris, there's a post about a new book by Jens David Ohlin, called The Assault on International Law. Here's the publisher's description: International law presents a conceptual riddle. Why comply with it when there is no world government to enforce it?
Simon Lester 02 Feb 2015 4 min read

IS BAN ON FOIE GRAS AN INGREDIENT OR A PROCESS REQUIREMENT?

This blog has previously discussed California’s ban on foie gras. When teaching WTO law at Stanford in 2012 -- the year the ban entered into force -- I even used the ban as my mid-term exam question! Turns out that on January 7, a US district court judge passed summary
Joost Pauwelyn 29 Jan 2015 2 min read

Tell It To the ISDS Judge

This is from UK business secretary Vince Cable, in remarks at a recent cabinet meeting: Cable acknowledged there have been fears and some myths that US corporates would take the UK to secret tribunals unless all services are privatised under TTIP, but he told colleagues that a reformed investor-state
Simon Lester 29 Jan 2015 1 min read

The Tuna Article 21.5 Dispute

You may have forgotten it was even going on, but lingering out there, waiting to be dissected and analyzed, is the Article 21.5 dispute in U.S. - Tuna II.  This should be a very interesting test of whether an environmental measure that affects imports can be implemented in a
Simon Lester 29 Jan 2015 1 min read

Qualified Local Content Requirements

Senator Al Franken recently sponsored an amendment to proposed legislation approving the Keystone pipeline that would require the pipeline be built with only American steel and other inputs.  Specifically, the amendment stated: "to the maximum extent consistent with the obligations of the United States under international trade agreements, none
Simon Lester 28 Jan 2015 1 min read

Call for Papers: International Colloquium "Current Issues of Agricultural Law in a Global Perspective"

Call for Papers: International Colloquium "Current Issues of Agricultural Law in a Global Perspective", Pisa, September 17-18, 2015 Venue: Scuola Superiore Sant'Anna, Pisa, September 17-18, 2015. Deadline for abstract: April 3, 2015 Deadline for draft paper: July 3, 2015 The Scuola Superiore Sant'
Simon Lester 28 Jan 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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