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Labor Mobility for Canadian Accountants

Since I found out about it recently, it has seemed to me that there is not enough commentary, blogging, scholarship, etc. about Canada's Agreement on Internal Trade.  Maybe there's lots of it, and I'm just not looking in the right places, but I haven&
Simon Lester 17 Feb 2012 5 min read

Gender Discrimination Through Tariffs

Lawrence Friedman explains the CIT's latest decision in a case involving different tariff rates for men's and women's gloves: Once the Court reached the conclusion that the tariff is not facially discriminatory, the burden on the plaintiff is much higher. Simply showing that the
Simon Lester 17 Feb 2012 1 min read

Manufacturing Subsidies

From the fact sheet on President Obama's "blueprint to support American manufacturing jobs, discourage outsourcing, and encourage insourcing": Targeting the domestic production incentive on manufacturers who create jobs here at home and doubling the deduction for advanced manufacturing (revenue neutral): In conjunction with the President’s
Simon Lester 16 Feb 2012 1 min read

Trakman on Investor-State

On SSRN, Professor Leon Trakman looks at Australia's recent policy change on investor-state dispute settlement, and asks, "Investor State Arbitration or Local Courts: Will Australia Set a New Trend?"  From his conclusion: The most profound risk to the institution of investor-state arbitration is one
Simon Lester 16 Feb 2012 1 min read

Alternatives to Zeroing

From the DOC final rule, issued last week, that addresses zeroing: Several parties request clarification as to which circumstances would trigger the use of an alternative comparison methodology, and whether zeroing would be used in the alternative calculation methodology. These commentators also encourage the Department to narrowly tailor the circumstances
Simon Lester 14 Feb 2012 2 min read

Transatlantic Free Trade Proposals

Dan Drezner and other "eminent persons" have put together a report on transatlantic trade and investment.  Some of their recommendations: A new stakeholder driven bottom-up initiative on tariffs and NTBs. Bilateral work on eliminating tariffs and addressing non-tariff measures should proceed based on decentralized government consultations
Simon Lester 14 Feb 2012 1 min read

Alan Argues ...

A couple days ago, Alan pointed out that treaty interpretation is more than just titles of provisions.  And he's right, of course. In addition to the context (which is how I think of these titles), he refers to the text, the negotiating history, the intention of the parties,
Simon Lester 12 Feb 2012 2 min read

Simon Says ....

It is apparent that Simon, “our fearless leader” is keen to rely on titles to assist in the interpretation of articles and text in treaties.  While titles may be of some assistance in certain circumstances the particular use of textual analysis doesn’t seem nearly as determinative as Simon seems
Alan Alexandroff 09 Feb 2012 2 min read

Investor State in the KORUS FTA

I thought this issue was settled, but apparently not.  From the Korea Herald: The Korea-U.S. free trade pact has resurfaced as a hot-button issue ahead of the April 11 general elections as the liberal opposition parties vow to scrap it should disputed clauses not be renegotiated. ... The
Simon Lester 09 Feb 2012 1 min read

The "Good Kind" of Offshoring

Good for the U.S. anyway; bad for Japan.  From Reuters: Toyota Motor Corp will shift production of its Highlander hybrid sport-utility vehicle from Japan to Indiana, where the company will invest $400 million and add 400 new jobs. The Japanese automaker also plans to export some Highlanders to
Simon Lester 09 Feb 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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