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Trade-Restrictiveness vs. Discrimination

This is from a new paper by Tania Voon: ... Discrimination and trade-restrictiveness are two distinct concepts that, while overlapping, should not be conflated. A non-discriminatory internal measure is unlikely to restrict trade, because it is unlikely to reduce the competitive opportunities of imported products vis à vis domestic
Simon Lester 25 Nov 2014 1 min read

Anti-Dumping as Global Governance

This is from a paper by Tomer: considering anti-dumping as an expression of global governance may seem to promise a breath of fresh air. Might governments actually be pursuing some deeper - or loftier - regulatory agendas that could somehow be understood as a form of benign global administration, albeit in
Simon Lester 25 Nov 2014 1 min read

Why the India-US WTO Breakthrough-and the Trade Facilitation Agreement-Really Do Matter

Many of you will have seen Alan Beattie's piece on one of the FT blogs suggesting that what happened last week isn't a victory but disguises a defeat, and that the TFA is really trivial.http://on.ft.com/1BQqAB1  I'm guest blogging this
Rob Howse 20 Nov 2014 1 min read

A WTO Claim under the VCLT

This is from the panel request in DS429: Because the United States has acted in the manner just described, Viet Nam considers the proceedings to be inconsistent, as such and as applied on a continued and ongoing basis, with certain WTO obligations. Viet Nam considers these actions to be inconsistent
Simon Lester 20 Nov 2014 1 min read

Calling for “Unilateral Multilateralization” of Trade Preferences

The recent “Asian Economic Integration Monitor” (November 2014) published by the Asian Development Bank (ADB) calls for “unilateral multilateralization” of various trade preferences from preexisting FTAs.  Obviously, this will be a nirvana to most global businesses traversing global value chains, if it ever transpires.  Then, they could avoid enormous transaction
Sungjoon Cho 19 Nov 2014 1 min read

Tweaking CETA ISDS

The European Commission and the Germans have met on ISDS, and see a way forward for CETA: Only small changes can be made to an investment protection clause in a trade pact between Canada and the European Union, European Trade Commissioner Cecilia Malmström said on Monday (10 November). "There
Simon Lester 19 Nov 2014 2 min read

Call for Papers on CETA

From TDM: Call for papers: TDM Special Issue on the Comprehensive Economic and Trade Agreement between the European Union and Canada (CETA) http://www.transnational-dispute-management.com/news.asp?key=550 Herfried Wöss, Fabien Gélinas, Andrea Bjorklund, and John Gaffney will be editing a TDM Special Issue on the
Simon Lester 19 Nov 2014 1 min read

The US India WTO Deal:The Need for Clarity on Next Steps

It seems the full text of the WTO deal between India and the US is not yet publicly available.  In these circumstances, it is difficult to clear up confusion about what the next steps are toward getting Bali back on track.  As I mentioned in my previous post, some news
Rob Howse 17 Nov 2014 1 min read

A New Ban on Flavored Cigarettes (But Still Not Menthol)

From CBC news: The Alberta government is banning the sale of some flavoured tobacco products in a bid to curb youth smoking -- but is still allowing the sale of menthol cigarettes. Health Minister Stephen Mandel defended the exclusion, saying that Alberta needs to "deal with the realities of the
Simon Lester 17 Nov 2014 1 min read

How India & the US Broke the WTO impasse-Without Either Making Any Concessions

India's blockage of the WTO Trade Facilitation Agreement, even after having won a hard-fought battle for a peace clause on food security at Bali, has not only threatened further progress toward renewing the World Trade Organization; it is also a story replete with political posturing on many
Rob Howse 15 Nov 2014 7 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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