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Guest Post: Time to regulate cross-border subsidies? Who decides?

This is a guest post from Luca Rubini, Senior Research Fellow in International Law, University of Turin This brief post has been triggered by yesterday’s delivery of the Opinion of Advocate General Capeta in the Fiberglass case currently pending before the European Court of Justice. The key legal issue
Simon Lester 17 May 2024 3 min read

U.S. Subsidies vs. Chinese Subsidies / Good vs. Bad Subsidies

At a press briefing with Ambassador Tai on the announcement that the Biden administration would maintain the Section 301 tariffs on China and add tariffs on a few additional products, a reporter asked the following question regarding U.S. vs. Chinese electric vehicle subsidies: The U.S. government is subsidizing
Simon Lester 16 May 2024 2 min read

Director of WTO Rules Division: Apply Soon!

If you are a trade remedies expert contemplating a career change, here's a great opportunity: The Secretariat of the WTO is seeking to fill a position of Director to lead the Rules Division. The Rules Division is responsible for all aspects of WTO work, legal and technical, in
Simon Lester 11 May 2024 1 min read

Anticipating the First USMCA RRM Panel Determination: A Look Back

By now, many will have heard that the first panel constituted under the USMCA Rapid Response Labor Mechanism (RRM) recently completed its determination as to whether there has been a Denial of Rights at the San Martín mine.  At the moment, we are waiting for the public release of the
Kathleen Claussen 09 May 2024 7 min read

USTR's View of Non-Discrimination

Here is an excerpt from the U.S. statement at the last DSB meeting, in which it discusses the EU - Palm Oil panel's interpretation of non-discrimination in TBT Agreement Article 2.1: - The United States is disappointed that the Panel in this dispute at times simply adopted
Simon Lester 07 May 2024 4 min read

The U.S. Non-Violation Nullification or Impairment Argument in the USMCA GE Corn Dispute

In its rebuttal submission in the Mexico - GE Corn USMCA dispute, the U.S. has set out a non-violation nullification or impairment claim as an alternative to its violation claims (the U.S. did not elucidate the non-violation claim in its initial written submission, but it did indicate
Simon Lester 05 May 2024 6 min read

What Would Joe Stiglitz Do about WTO Subsidies Rules?

In a recent Foreign Policy piece, economist Joe Stiglitz makes several references to WTO rules "forbidding" industrial subsidies: The current moment is a good illustration. It is the product of longstanding beliefs and power relations. Under this system, industrial subsidies were a no-no, forbidden (so it was
Simon Lester 30 Apr 2024 2 min read

Katherine Tai on Negotiating at the WTO

Here's an exchange between Rep. Don Beyer (D-VA) and U.S. Trade Rep. Katherine Tai at a House Ways and Means Committee hearing in mid-April: Beyer: I, with a number of my colleagues here, visited the WTO a couple of years ago, in the midst of
Simon Lester 28 Apr 2024 3 min read

Is AD/CVD the Answer to Chinese Non-Market Policies and Practices?

In a recent Washington Post op-ed, Brian Deese, the former director of the National Economic Council in the Biden administration, calls for a coordinated use of AD/CVDs as a way to "discourage" China's "anti-market behavior": Responding to China’s anti-market
Simon Lester 26 Apr 2024 2 min read

Overcapacity and future discussions in the SCM Committee.

Finbarr Bermingham reported on Wednesday, April 23, 2024, that in the recent SCM Committee meeting, there were ‘sharp’ exchanges between the US and China related to Chinese ‘overcapacity’ in key sectors owing to subsidies. China objects to the term ‘overcapacity,’ arguing that there is no clear definition within the WTO
Mona Paulsen 25 Apr 2024 4 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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