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Are Bank Bailouts “Subsidies” (and Do They Violate the WTO Norms)?

Tons of money flowed from the government (tax payers’ money!) to large banks in the United States and Europe to fight against financial crises.  The IMF has recently issued a report in which it calculated the size of such bailouts as well as proposed some reform agendas.  Interestingly, the IMF
Sungjoon Cho 08 Apr 2014 1 min read

No ISDS in the Australia - Japan EPA

This is from economics reporter Peter Martin: And now Australia has said no to an ISDS in its free trade agreement with Japan. The agreement will be better and simpler because of it. Some details of the agreement are here, but the full text is not out yet. Australia is
Simon Lester 07 Apr 2014 1 min read

A COOL Decision

Today the DC Circuit vacated (per curiam) its previous three-judge panel decision on March 28 (American Meat Institute v. Dep’t of Agriculture, No. 13-5281, Slip Op. at 14, n.1 (D.C. Cir. Mar. 28, 2014), and decided to rehear this case en banc.  (See also Andrew
Sungjoon Cho 04 Apr 2014 2 min read

Does TTIP Need ISDS? Part II

The European Parliament's Committee on International Trade held a workshop on ISDS on Tuesday. I had a little trouble viewing the recorded video, but try these links. I was particularly interested in the response given by Rupert Schlegelmilch of the European Commission to the question, "Where is
Simon Lester 02 Apr 2014 1 min read

Domestic Regulation and Services Trade in the WTO: What scope is there for enhanced disciplines?

A guest post by Aik Hoe Lim and Bart De Meester [1]: Recent disputes concerning Article 2.2 of the TBT Agreement – in particular US - Tuna II (Mexico) and US - Clove Cigarettes – have focused attention on measures that, even when not discriminatory, may constitute barriers to trade in goods. The
Simon Lester 02 Apr 2014 5 min read

Free Trade Is a Two-Way Street, and So Is Protectionism

Daniel Ikenson (Cato Institute) made an insightful observation in a blog post (“WTO Indictment of Chinese Export Restrictions Unearths U.S. Hypocrisy”).  Here are some excerpts from his post. “During the last decade (2000-2009), four out of every five antidumping measures (79.4%) were imposed on imported intermediate goods.
Sungjoon Cho 01 Apr 2014 1 min read

Does TTIP Need ISDS?

From the FT last week: Mr De Gucht said the negotiations to create what would be the world’s biggest free trade zone would be at risk if an investor-state dispute settlement mechanism was not part of the proposed deal. “I doubt it,” he responded when asked if the
Simon Lester 31 Mar 2014 1 min read

Protectionism, Health, and the Purpose of Country of Origin Labelling

From a ruling last week on the U.S. COOL measure by the U.S. Court of Appeals for the DC Circuit: What then are the government interests here? AMI argues that the rule merely satisfies consumers’ curiosity. But we can see non-frivolous values advanced by the information. Obviously
Simon Lester 31 Mar 2014 1 min read

What Are the "Cogent Reasons" that Could Justify Not Following AB Precedent?

From yesterday's DS449 WTO panel report: 7.317. ... In our view, bearing in mind the Appellate Body's particular function in the WTO dispute settlement system, reasons that could support but would not compel a different interpretative result to the one ultimately adopted by the Appellate Body
Simon Lester 28 Mar 2014 1 min read

Legal Analysis of the Trade Facilitation Agreement

I still don't know much about the Trade Facilitation Agreement, but law prof Antonia Eliason does, and she has written an article about it.  Here's the abstract: This article provides a first analysis of the new WTO Trade Facilitation Agreement, tracing it from its origins in
Simon Lester 28 Mar 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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