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Is Protectionism Countercyclical?

Over at Vox, economist Andrew Rose argues that "maybe protectionism isn't countercyclical after all," that is, protectionism does not correlate with economic downturns.  He looks at a number of factors, but two in particular stood out to me. One factor is whether economic growth (or lack
Simon Lester 30 Apr 2012 1 min read

Funding the Plain Packaging WTO Litigation

In the category of "things that will surprise nobody," the FT reports the following: Two of the world’s biggest tobacco companies are providing legal support to member countries at the World Trade Organisation that are threatening to take Australia to international court over the world’s toughest
Simon Lester 30 Apr 2012 1 min read

More on a U.S. - China BIT

From Reuters: A top U.S. Republican lawmaker on T hursday called on the Obama administration to negotiate an investment treaty with China and to increase pressure on the world's second-largest economy to make trade and currency reforms. ... Camp's call for the United States to
Simon Lester 26 Apr 2012 1 min read

Interpretations, Clarifications, and Interpretative Clarifications

A few years ago, I did two posts on the difference between "interpretations" by WTO Members under WTO Agreement Article IX:2 and "clarifications" by panels and the Appellate Body under DSU Article 3.2.  Based on the statements by the Appellate Body quoted in the
Simon Lester 26 Apr 2012 1 min read

Meet the New BIT, Same as the Old BIT

That's the way Global Trade Watch sees the 2012 US Model BIT, which was announced on Friday.  They have a tracked changes comparison of the old one and new one.  As far as I can see, there is not much difference in terms of substantive obligations.  Luke Peterson
Simon Lester 22 Apr 2012 1 min read

Implementing the Clove Cigarettes Ruling

Speaking of Todd, he also has a long post in which he discusses the timing of implementation in the Clove Cigarettes case, and various options the U.S. might have for implementing. This is just off the top of my head, and I haven't put too much thought
Simon Lester 17 Apr 2012 3 min read

Banning All Flavored Cigarettes

Todd Tucker of Global Trade Watch points to a recent Brazilian ban on all flavored cigarettes: Unless you're an avid reader of Spanish and Portuguese language news wires, you probably missed Brazil's announcement last month of a ban on all flavored cigarettes: cloves, chocolates, and even
Simon Lester 17 Apr 2012 1 min read

Export Subsidies Aren't Really Prohibited

As we all know, SCM Agreement Article 3 says that "subsidies contingent, in law or in fact, whether solely or as one of several other conditions, upon export performance" -- in other words, export subsidies -- "shall be prohibited."  So, no export subsidies at all right?  For the
Simon Lester 15 Apr 2012 2 min read

Interpretation and Institutional Choice at the WTO

Over at Opinio Juris, some familiar names are discussing a new paper by Joel Trachtman and Greg Shaffer, “Interpretation and Institutional Choice at the WTO.”  Here's how the authors describe the paper: Our article develops a new framework for understanding the drafting and interpretation of the agreements of
Simon Lester 11 Apr 2012 3 min read

More from Rob Howse on the Clove Cigarettes Case

For technical reasons, I'm posting this on behalf of Rob Howse: I wanted to respond to Simon and further respond to Todd regarding the reaction to US-Cloves.  In earlier posts I have defended the approach of the Appellate Body in proposing a test of whether detrimental effects
Simon Lester 11 Apr 2012 5 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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