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Aircraft Subsidies: Litigation vs. Negotiation

As reported last week, there is a new WTO complaint filed by the EU against U.S. aircraft subsidies: http://www.worldtradelaw.net/cr/ds487-1(cr).pdf  Here are the basics: I. Background In November 2013, the State of Washington, as part of its efforts to induce The Boeing
Simon Lester 23 Dec 2014 2 min read

Significant Developments in SCM Benchmarking Jurisprudence

Within the last two weeks, the Appellate Body has issued two important decisions interpreting the SCM Agreement: US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437). In DS436, India raised numerous complex issues under SCM; in DS437, China mounted a systematic challenge to more than a dozen US CVD
Julia Qin 19 Dec 2014 4 min read

Setting New (Higher) Standards in the Countervailing Measure Review?

The Appellate Body (AB) report on the “United States –Countervailing Duty Measures on Certain Products from China” (WT/DS437/AB/R) is out.  Interestingly, the AB reversed some of panel’s findings.  Two reversals stand out: the de facto specificity and adverse facts available.  Here go relevant parts of the
Sungjoon Cho 18 Dec 2014 2 min read

TISA and Privacy

The recent leak of a U.S. negotiating text related to TISA has caused some concern, in part due to its potential impact on EU data protection and privacy laws. The text can be found here, and is titled "Trade in Services Agreement TISA Proposal, New Provisions Applicable to
Simon Lester 18 Dec 2014 3 min read

The Pros and Cons of Dispute Settlement under FTAs: The First CAFTA Trade Panel (Costa Rica v. El Salvador)

With more and, especially, deeper FTAs in place, I predict an uptake in dispute settlement under FTAs. Parties may generally prefer to file their disputes before the WTO. But in some cases they simply have no choice.  The commitment can only be found in an FTA (it is so-called
Joost Pauwelyn 17 Dec 2014 3 min read

Geneva Vacancy: Assistant Professor of International Law at the Graduate Institute

Looking for a young and dynamic colleague to join the Graduate Institute of International and Development Studies in Geneva.  International economic law is one of four possible fields of specialization.  Guess which field I am pushing for? This is a really unique opening for someone focused on international trade, investment,
Joost Pauwelyn 16 Dec 2014 1 min read

The NAFTA/TPP Relationship

A while back, I wondered what would happen to NAFTA Chapter 19 if the TPP comes into effect.  I can't imagine they would create a TPP equivalent.  But will it get phased out through the TPP, or will that part of the NAFTA be carried over? More significantly,
Simon Lester 15 Dec 2014 1 min read

The TTIP vs. the WTO on Regulatory Trade Barriers

I'm always hearing about how the TTIP is finally going to address those regulatory trade barriers we have been ignoring all these years.  In general, I'm a bit skeptical: Regulatory trade barriers have been on the agenda of trade negotiations since at least the late 1920s.
Simon Lester 15 Dec 2014 1 min read

The Sun Also Rises

Today’s NY Times article (“Solar Rises in Malaysia During Trade Wars Over Panels”) covers a recent solar panel manufacturing boom in Malaysia, due in no small part to the U.S. trade remedies against Chinese solar panels.  The Commerce Department is mulling imposing tariffs on all solar panels “assembled”
Sungjoon Cho 12 Dec 2014 1 min read

A Brief Update on the Mandatory/Discretionary Distinction

Just a quick reminder from the Appellate Body, buried in a footnote in Monday's U.S. - Carbon Steel (India) report, that it still hasn't told us what it thinks of the mandatory/discretionary distinction: 1144 We note that the Appellate Body has "not, as yet,
Simon Lester 12 Dec 2014 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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