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Coercive Economic Measures

The Faroe Islands' WTO complaint against the EU related to herring is going to be really interesting.  We might finally get some guidance on an issue I find challenging:  How to deal with "coercive economic measures."  Here's how the panel request in the case starts:
Simon Lester 22 Jan 2014 1 min read

The European Commission Wants Input on ISDS

From the European Commission: EU Trade Commissioner Karel De Gucht today announced his decision to consult the public on the investment provisions of a future EU-US trade deal, known as the Transatlantic Trade and Investment Partnership (TTIP). The decision follows unprecedented public interest in the talks. It also reflects
Simon Lester 21 Jan 2014 1 min read

NSA Spying and Economic Policy

From today's Presidential Policy Directive on Signals Intelligence Activities: (c) The collection of foreign private commercial information or trade secrets is authorized only to protect the national security of the United States or its partners and allies. It is not an authorized foreign intelligence or counterintelligence purpose to
Simon Lester 17 Jan 2014 1 min read

Human Health vs. Trade Liberalization

If I had been blogging in 1990, I probably would have commented on this statement by the Thailand - Cigarettes GATT panel: 73. The Panel then defined the issues which arose under this provision. In agreement with the parties to the dispute and the expert from the WHO, the Panel accepted
Simon Lester 16 Jan 2014 1 min read

More About Finding the Middle Ground on Trade

The other day I wondered about whether there was a middle ground to be found on currency issues, trying to balance out the views of certain members of Congress and U.S. trading partners.  As reported by the NY Times, the same issue may arise for the environment: The Obama
Simon Lester 15 Jan 2014 2 min read

More on Regulation and Trade

I posted recently about what "regulatory trade barriers," a term that gets thrown around a lot in the context of the TTIP negotiations, might mean.  Trade lawyer Ted Posner offered up a comment, and I wanted to respond to a couple of his points.  (And by the way,
Simon Lester 13 Jan 2014 3 min read

Debating Bali and the Future of the WTO:Webcast Mon Jan 13

This Monday I will have a free-ranging debate about the Bali result and the future of the WTO with Bernard Hoekman and Petros Mavroidis (David Palmeter will moderate).  The debate will be webcast live 1730-1615 CET (Florence time) from the Global Governance Programme at the European University Institute.
Rob Howse 10 Jan 2014 1 min read

Currency Language in the TPA Bill

Here's the relevant text: (11) CURRENCY.—The principal negotiating objective of the United States with respect to currency practices is that parties to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of payments adjustment or to gain an unfair
Simon Lester 09 Jan 2014 1 min read

To What Extent Does Plain Packaging "Encumber" Trademarks?

From an article by law profs Susy Frankel and Daniel Gervais: The Australian plain packaging measures go practically as far as one can go in terms of imposing encumbrances on trademark owners. If, as just mentioned, the rights and interests of trademark owners are best seen as a continuum, then
Simon Lester 09 Jan 2014 1 min read

"Sovereignty" in the TPA Bill

This is from the TPA bill introduced in Congress today: SEC. 8. SOVEREIGNTY. (a) UNITED STATES LAW TO PREVAIL IN EVENT OF CONFLICT.—No provision of any trade agreement entered into under section 3(b), nor the application of any such provision to any person or circumstance, that is inconsistent
Simon Lester 09 Jan 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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