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Can the WTO Handle All These Disputes?

A few months ago, I mentioned the surge in WTO disputes this year.  Well, they keep coming, and it may be starting to strain the WTO's resources.  Reuters reports: A surge in trade disputes has forced the World Trade Organization to reallocate staff to cope with a flood
Simon Lester 17 Dec 2012 1 min read

Investor-State Polling in New Zealand

A recent poll in New Zealand asked the following: New Zealand is currently negotiating a free trade and investment treaty with ten other countries called the Trans Pacific Partnership. As part of the negotiations, there is a proposal to allow foreign investors to sue governments in private offshore tribunals if
Simon Lester 17 Dec 2012 1 min read

Antigua Retaliates

You are forgiven if you have forgotten about the WTO Gambling dispute.  It has been a while since anything happened.  But apparently it is at long last on to the next stage, as Antigua announces (Word doc) that retaliation is coming: On 21 December 2007, the Arbitrators determined in document
Simon Lester 13 Dec 2012 1 min read

Cheer Up, USTR!

This is from a Washington Post article on a recent survey of federal workers: The Office of the U.S. Trade Representative ranks as the worst small agency, [with only 32.7 percent of employees saying they are satisfied]. Former employees said its sense of mission was eroded by an
Simon Lester 13 Dec 2012 1 min read

New Chairs and Vice Chairs of the ASIL-IEcLIG

From the ASIL-IEcLIG: Elizabeth Trujillo from Suffolk University Law School and Jason Yackee from University of Wisconsin School of Law have been elected to be Co-Chairs of the International Economic Law Interest Group for ASIL.   Jason and Elizabeth are stepping in after 2 years as being Co-Vice
Simon Lester 13 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 3

One last post on the Eli Lilly NAFTA Chapter 11 complaint (unless someone else has something they want to add).  Eli Lilly's national treatment argument is as follows: 106.  The  measures in  issue  de facto  discriminate  against Lilly,  a  U.S. investor,  when compared to domestic investors, by
Simon Lester 12 Dec 2012 1 min read

Eli Lilly NAFTA Chapter 11 Claim - Part 2

In the last post, Henning provided an excellent summary of the key substantive parts of the Eli Lilly NAFTA Chapter 11 complaint as it relates to IP law.  Let me just make a more general point here (and another more specific point in the next post). In Eli Lilly'
Simon Lester 12 Dec 2012 1 min read

Guest Post by Henning Grosse Ruse - Khan: Investor–State Arbitration to Challenge Host State Compliance with International IP Treaties?

A Guest Post by Henning Grosse Ruse - Khan: Last week, Luke Peterson reported that the U.S. based pharma corporation Eli Lilly has put Canada on notice of its intent to submit a claim to arbitration under NAFTA Chapter 11 following the invalidation of some of its patents by Canadian
Simon Lester 11 Dec 2012 2 min read

Unilateralism vs. Multilateralism in Currency Disputes

Brazil has put forward a conceptual note (Word doc) on the issue of exchange-rate misalignment.  Its focus is on developing trade remedy procedures to deal with the perceived problem: IV. IS THERE A NEED TO CRAFT TRADE REMEDIES THAT SPECIFICALLY ADDRESS CURRENCY MISALIGNMENTS? Existing provisions related to exchange-rate
Simon Lester 06 Dec 2012 2 min read

Is It Time to Regulate U.S. State Subsidies?

I've talked about sub-federal state subsidies before on this blog. The issue is suddenly in the news, due to a long NY Times article today. CFR's Edward Alden proposes reining them in as follows: ... There are three basic requirements: a legislative framework, an adjudication body,
Simon Lester 03 Dec 2012 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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