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A Currency Manipulation "Nuclear Option"

Here is the "remedy" portion of a proposal from the American Automotive Policy Council for currency manipulation provisions in the TPP: If a TPP member is found to have breached its currency commitments under the agreement, other TPP members shall be entitled to suspend the tariff benefits of
Simon Lester 09 Jan 2014 1 min read

Eli Lilly NAFTA Chapter 11 Policy Forum

As mentioned before the holidays, we will be holding a policy forum at Cato on the Eli Lilly NAFTA Chapter 11 case, on January 16.  You can register to attend here: http://www.cato.org/events/patents-public-health-international-law-eli-lilly-nafta-chapter-11-case Henning explained the
Simon Lester 06 Jan 2014 2 min read

Good News for the Airbus-Boeing Dispute Lawyers?

From the Washington Post: Members of Boeing’s machinists union on Friday voted by a slim margin to accept the company’s proposal of a long-term contract that will guarantee construction of a new long-range wide-body aircraft in the Puget Sound region, in exchange for significant wage
Simon Lester 06 Jan 2014 1 min read

Survival Clauses in Investment Treaties

Recently, I had been wondering about "survival" clauses in investment treaties. These are provisions that allow for investment claims to be brought even after the treaty has been terminated. Here's an example from the US Model BIT, in Article 22, paragraph 3: For ten years from
Simon Lester 02 Jan 2014 2 min read

The EU GSP+ Scheme

From the European Commission: The European Union will continue to offer enhanced access to the EU market for vulnerable developing countries as of 1 January 2014: Armenia, Bolivia, Cape Verde, Costa Rica, Ecuador, Georgia, Mongolia, Paraguay, Pakistan and Peru. Pakistan will enter the scheme for the first time. The so-
Simon Lester 30 Dec 2013 1 min read

Sanitizing COOL

A while back, I suggested that consumers don't want to see the word "slaughtered" on their packages of meat.  If that's true, it might affect the way we evaluate the COOL requirement to include information on where meat was "born, raised and slaughtered&
Simon Lester 26 Dec 2013 1 min read

Cato Events on IP and Trade Agreements

We are going to host two trade and IP events at Cato in January.  I'll remind everyone again after the holidays, but this is just to put it on your radar now. The first one is on the Eli Lilly NAFTA Chapter 11 case, and will be on
Simon Lester 20 Dec 2013 2 min read

Do We Really Need Fast Track?

My Cato colleague Bill Watson says no: Many will argue that you need fast track to pass free trade agreements, but right now trade promotion authority is largely useless and unacceptably costly. Recent history with fast track shows that the obstacles to passing free trade agreements depend more on the
Simon Lester 19 Dec 2013 1 min read

Building on Bali; Unleashing Recognition

See the new VoxEU ebook on the future of the WTO after Bali, with a number of interesting contributions, organized by Alejandro Jara and Simon Evenett:  Building on Bali.  My own contribution discusses the possibility of addressing regulatory barriers to trade through an enhanced multilateral mechanism for recognition.
Joel Trachtman 18 Dec 2013 1 min read

Regulatory Cooperation in the TTIP / Regulatory Trade Barriers

The European trade negotiators are in DC this week for the 3rd round of the TTIP talks.  A little while back, I mentioned a paper on regulatory cooperation in the TTIP.  It is now out in the JIEL.  The main point is that regulatory cooperation can work, but we should
Simon Lester 17 Dec 2013 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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