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SCM and GATT Article XX--a quick question

I know that Simon and others have discussed the question of the applicability of GATT Article XX to provide an exception to prohibitions in the SCM Agreement, for example here.  Why is this issue not resolved by SCM 32.1, which states "No specific action against a subsidy of
Joel Trachtman 15 Nov 2014 1 min read

Do We Need a TPP Secretariat?

Assuming we get a TPP at some point, do we need to create a Secretariat to administer it?  This is from Politico: A final TPP agreement may be months from conclusion and could take longer to go into force. But supporters are already fretting about how the monstrous trade deal
Simon Lester 12 Nov 2014 2 min read

The Transatlantic Trade and Investment Partnership: implications for multilateral economic integration

Those readers who find themselves in or near London on Monday November 24 may find this event at the LSE of interest: The Transatlantic Trade and Investment Partnership: implications for multilateral economic integration The EU's Chief Negotiator for the Transatlantic Trade and Investment Partnership and a prominent former
Andrew Lang 12 Nov 2014 1 min read

Banning Tobacco

This was probably inevitable: WESTMINSTER, Mass. (AP) — The cartons of Marlboros, cans of Skoal and packs of Swisher Sweets are hard to miss stacked near the entrance of Vincent's Country Store, but maybe not for much longer: All tobacco products could become contraband if local health officials get
Simon Lester 11 Nov 2014 1 min read

ASIL/IEcLIG Conference in Denver

From the ASIL-IEcLIG: ASIL-IEcLIG Co-Chairs, Elizabeth Trujillo (Suffolk University Law School) and Jason Yackee (University of Wisconsin Law School), are happy to announce the upcoming ASIL--International Economic Law Interest Group's Biennial Research conference, on “Reassessing International Economic Law and Development: New Challenges for Law
Simon Lester 11 Nov 2014 1 min read

What Do National High Court Judges think of ISDS?

This is from Chief Justice French of the Australian high court: So far as I am aware the judiciary, as the third branch of government in Australia, has not had any significant collective input into the formulation of ISDS clauses in relation to their possible effects upon the authority and
Simon Lester 10 Nov 2014 1 min read

Director of the Trade Agreement Secretariat

With cases like the CAFTA labor complaint against Guatemala going on, this might be an interesting job: The Trade Agreement Secretariat, is looking for an energetic, innovative Director who will enjoy working in a dynamic and mission-driven organization. The ideal candidate will be responsible for overseeing the impartial administration
Simon Lester 10 Nov 2014 1 min read

The CAFTA Labor Complaint Against Guatemala

The U.S. complaint against Guatemala for failure to enforce labor laws -- mentioned here -- seems to be going forward.  The first U.S. written submission is now online here.  Here's an excerpt: 2. This submission demonstrates that Guatemala has breached its obligation under Article 16.2.1(a)
Simon Lester 06 Nov 2014 4 min read

COULD WTO "AUTHENTIC" TEXTS IN THE THREE OFFICIAL LANGUAGES CONTAIN A TRANSLATION ERROR ?

According to Article XVI:6 of WTO Agreement, the texts of the WTO Agreements are authentic in each of the three WTO official languages. What happens then when an Appellate Body’s interpretation made on the basis of the English text of an Agreement is unsustainable on the basis on
Marc Benitah 05 Nov 2014 2 min read

What Will Republicans Do on Trade with Control of Congress?

The big, and not unexpected, news of yesterday is that Republicans now control both houses of Congress, for the first time since 2006.  One thing this will do is help the GOP to set the agenda on trade policy and trade negotiations. So what will they do with their newfound
Simon Lester 05 Nov 2014 1 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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