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Incorporating (Some) Unilateral Free Trade into the Trading System

That's the title of a short essay of mine in the Virginia Journal of International Law's online edition.  Here's the main proposal: ... I thus propose an approach that I call "unilateral reciprocal binding trade liberalization." The basic idea is that unilateral liberalization
Simon Lester 28 Nov 2012 1 min read

Reading up on Feed-In Tariffs

There have been a number of news reports about the WTO panel report in the Ontario feed-in tariffs case, brought by Japan and the EU.  The report has been issued to the parties, and may be circulated to the public some time in the next month or so.  If
Simon Lester 28 Nov 2012 1 min read

"Impediments to Attainment of Objectives" Complaints

GATT Article XXIII:1 sets out the following types of complaints: If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result
Simon Lester 26 Nov 2012 2 min read

Border Carbon Adjustments

I don't hear much talk in the U.S. (or around the world for that matter) these days about climate change in general, much less taking any action to deal with it.  But some day the world economy might pick up, and perhaps then we will get back
Simon Lester 26 Nov 2012 2 min read

The State of Canada-EU Trade Negotiations

Canadian journalist Paul Wells provides a link to a leaked memo written by the European Commission, and offers some commentary here.
Simon Lester 26 Nov 2012 1 min read

Seal Products: Russia a Third Party and other Developments

Russia's participation as a third party in the seal products dispute between Canada and the EU will be an early opportunity to see how it approaches WTO litigation.  As I have noted in previous posts, Russia has banned imports of seal fur and its market is understood to
Rob Howse 24 Nov 2012 1 min read

Counsel Position at the ACWL

From the ACWL: The Advisory Centre on WTO Law (ACWL) is a public international organisation, independent of the WTO, which was established in 2001 to provide legal advice on WTO law, support in WTO dispute settlement proceedings and training in WTO law to developing countries and least developed countries. The
Simon Lester 23 Nov 2012 1 min read

India and the World Economic Order: Call for Submissions

From the Trade, Law and Development editors: Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain constructive and democratic debate on emergent issues in International Economic Law and to serve as a forum for the discussion and distribution of ideas – with a specific
Simon Lester 23 Nov 2012 1 min read

The Media's Take on Whether WTO DS Reports are Binding

There is some famous scholarly debate on whether WTO dispute settlement rulings are binding.  Here's a media take on it, from the CBC news (in the context of the Ontario feed-in-tariff case): The World Trade Organization appears to have upheld a complaint against the Province of
Simon Lester 19 Nov 2012 1 min read

The TLD Symposium

Let me just wrap up the TLD Symposium by saying thanks to everyone who participated, and hopefully readers enjoyed it.  We've never done one of those before, and I was glad the TLD folks proposed it, set it all up, and did much of the work. I think
Simon Lester 19 Nov 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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