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Seal Products and the Scope of GATT Article III:4

This is from the U.S. third party submission in EC - Seal Products: 7. ... Article 2.1 of the TBT Agreement requires a two-step analysis: (1) whether the challenged technical regulation creates a detrimental impact on imports of like products; and (2) whether the detrimental impact stems exclusively from
Simon Lester 10 Mar 2014 1 min read

GATT Article XXI and the Ukraine Conflict

This is from Jeff Schott of the Peterson Institute: Consideration should be given to invoking GATT Article XXI, which provides exceptions for national security reasons from rights and obligations under the World Trade Organization (WTO), for example. Invoking this WTO exception would allow across-the-board actions against Russia without
Simon Lester 10 Mar 2014 1 min read

Trade in Everything: Soap Operas and Porn

From the Washington Post: There is no shortage of problems facing China these days: a terrorist attack that recently left 33 people dead and 143 injured, corruption in government, a worrisome slowdown in economic growth. So when the country’s two highest governing bodies met in Beijing this week, what
Simon Lester 10 Mar 2014 1 min read

Swiss Neutrality in WTO Disputes

While I was hanging out at the ELSA WTO Moot Court All-American regional round at AU law school yesterday, a DC trade lawyer said something interesting: Switzerland almost never participates in WTO disputes, even as a third party.  That sounded familiar, but I thought I'd look up
Simon Lester 07 Mar 2014 1 min read

An Investment Framework Agreement

Gary Hufbauer and Sherry Stephenson propose the following mutilateral investment agreement: ... Following its achievements at the 9th Ministerial Conference in Bali, Indonesia, the World Trade Organization (WTO) should launch negotiations to draft a 21st century Investment Framework Agreement (IFA). ... The IFA should start life as a plurilateral agreement. While the
Simon Lester 07 Mar 2014 2 min read

BP's Treatment in U.S. Court

From the Washington Post: After a blowout at its Macondo exploration well killed 11 workers, set fire to the Deepwater Horizon oil rig and triggered a massive oil spill in the Gulf of Mexico, a contrite BP vowed to “make things right” and set aside $42.5 billion to do
Simon Lester 04 Mar 2014 1 min read

Plain Packaging AND China

In recent years, two of the hottest trade issues have been plain packaging of cigarettes, and trade with China. What if we could combine the two? This is from the Economist: Planners have consolidated the once-fragmented [Chinese tobacco] industry. In the decade to 2010, 185 cigarette firms and 1,
Simon Lester 04 Mar 2014 1 min read

Sanctions on Russia

From the Washington Post editorial board: The most powerful non-military tool the United States possesses is exclusion from its banking system. Mr. Obama should make clear that if Russia does not retreat from Ukraine, it will expose itself to this sanction, which could sink its financial system. Russia’s
Simon Lester 03 Mar 2014 1 min read

Paul Krugman on IP in the TPP

He is skeptical: What the T.P.P. would do ... is increase the ability of certain corporations to assert control over intellectual property. Again, think drug patents and movie rights. Is this a good thing from a global point of view? Doubtful. The kind of property rights we’re talking
Simon Lester 03 Mar 2014 1 min read

Choosing an Appellate Body Member is Becoming Difficult

From the WTO: The Chair of the DSB updated WTO members on the process for replacing the Appellate Body member David Unterhalter (South Africa) who ended his second four-year term in December last year. The DSB took note of the communication by the Selection Committee informing WTO members that
Simon Lester 27 Feb 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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