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From the Fringes

This is from the John Birch Society: William F. Jasper, Senior Editor for The New American magazine, explains how President Obama's Trans-Pacific Partnership (TPP) is an "an all-out assault on our national sovereignty," and how It would unconstitutionally transfer legislative powers from the U.
Simon Lester 17 Dec 2013 1 min read

More on Trade and Tobacco

This time from the NYT editorial board: The United States is negotiating a trade agreement with 11 Pacific Rim countries right now. American officials have said they plan to include language in that pact, which could be finalized next year, to protect those nations from legal challenges by tobacco companies.
Simon Lester 16 Dec 2013 1 min read

More from the Comments: Ted Posner on Implementing Trade Facilitation in the US

From the comments on an earlier post, here's DC trade lawyer Ted Posner: This discussion of how the United States will approve the newly concluded TFA is quite interesting. From my quick perusal of the agreement, I expect that the USG view that no congressional action is required
Simon Lester 16 Dec 2013 2 min read

What Does the WCO Think of the WTO Trade Facilitation Agreement?

Rather than fighting a turf battle, they seem fine with it: The Dublin Resolution, which was issued at the conclusion of the Policy Commission meeting in Dublin, Ireland on 11 December 2013, welcomes the WTO Agreement On Trade Facilitation (the “Trade Facilitation Agreement”), as embodied in the Bali Package’s
Simon Lester 16 Dec 2013 1 min read

The "Trade and Tobacco" Conflict Would Be Easy To Fix

From a NY Times article today: Tobacco companies are pushing back against a worldwide rise in antismoking laws, using a little-noticed legal strategy to delay or block regulation. The industry is warning countries that their tobacco laws violate an expanding web of trade and investment treaties, raising the prospect
Simon Lester 13 Dec 2013 2 min read

Question from the Comments about the New Trade Facilitation Agreement

Because it's difficult for readers to follow the comments section, I wanted to elevate this question from the comments to a post: Perhaps one of the lawyers at this blog, would elucidate what seems a tricky one: The TF involves in effect amendments or changes to, among others,
Simon Lester 12 Dec 2013 1 min read

Todd Tucker's Proposals for Investor-State Reform

This is from Todd Tucker, formerly of Global Trade Watch and now doing a PhD at Cambridge University: Right now, investment treaty arbitration is making few people happy. Investors take years to launch and litigate them, and, best case scenario, they get payment – usually far less than what they asked
Simon Lester 12 Dec 2013 1 min read

The New Dispute Settlement Report Formatting

Apologies for this rant, but the new format for heading numbering in WTO dispute settlement reports is getting to me.  Here's the problem, taking the EC - Seal Products panel report as an example.  Let's say you are on p. 144, and you come to this heading:
Simon Lester 12 Dec 2013 1 min read

What if the Supreme Court Abolishes Software Patents?

From Tim Lee of the Washington Post: In a trio of Supreme Court decisions between 1972 and 1981, the court held that mathematical algorithms were not eligible for patent protection. Since computer software is little more than mathematical algorithms encoded in machine-readable form, most of the software industry assumed
Simon Lester 10 Dec 2013 2 min read

More TPP Leaks

Here's a fascinating, if somewhat confusing, leaked document related to the TPP: /content/files/1296_001.pdf It purports to be a breakdown of country negotiating positions on all the TPP issues.  But what are all these issues?  What is the "organics annex" of the TBT
Simon Lester 10 Dec 2013 1 min read

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Featured

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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