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Blast from the Past: U.S. BOP Restraints

Speaking of unilateral tariffs, like the kind proposed by Ian Fletcher as mentioned in the last post, writing in the NY Times last September Alan Tonelson and Kevin Kearns had this to say: America needs more sweeping and proactive tariffs on foreign goods and services that compete directly with existing
Simon Lester 10 Mar 2011 6 min read

Is There a Resurgence of Protectionist Thinking?

Are we seeing a resurgence of protectionist thinking?  Via Todd Tucker, here is Princeton economist Uwe Reinhardt criticizing the economic arguments for free trade: ... economists view the world as a giant cattle farm to be managed in ways that maximize the collective weight of the cattle, totally in abstraction from
Simon Lester 08 Mar 2011 2 min read

More on Clove Cigarettes and Youth Smoking

A couple months ago, I did a post about whether clove cigarettes encourage kids to try smoking, and said that this could be a key issue in the Clove Cigarettes WTO case.  It looks like the Panel in that case is thinking about this issue as well.  Here's
Simon Lester 06 Mar 2011 3 min read

More from the Cargill NAFTA Chapter 11 Award: Damages for "Upstream" Losses

Here's more from the Cargill NAFTA Chapter 11 Award: Conclusion of the Tribunal with respect to the Scope of Loss to Claimant to be Included in the Model: Whether Cargill, Inc.'s Loss of Sales to Cargill de Mexico is a Separate Export Loss or a Part
Simon Lester 03 Mar 2011 2 min read

Can Authorized Trade Retaliation Violate Investment Law Provisions?

A reader emailed expressing concern about the Cargill NAFTA Chapter 11 Award, in particular this part: 299. Reviewing closely the record of this case, the Tribunal finds ample support for the conclusion that the import permit was one of a series of measures expressly intended to injure United States HFCS
Simon Lester 01 Mar 2011 3 min read

Wisconsin and International Labor Law

I have not seen too much discussion of the international law features of Gov. Walker's proposal to end collective bargaining rights for state workers in Wisconsin.  The right to collective bargaining is one of the so-called "core labor rights" that the U.S. uses for
Joel Trachtman 27 Feb 2011 1 min read

National Treatment in the NAFTA Chapter 11 Cargill Award

The Cargill v. Mexico NAFTA Chapter 11 award is available here.  It was sent to the parties in September 2009, but it is just now being released publicly. In this post, I'm just going to make a quick point about the National Treatment analysis.  When I first started
Simon Lester 24 Feb 2011 2 min read

The Seal Products Dispute: Blocked for Now

The EU has blocked the first panel request in the WTO seal products dispute.  From Bloomberg: The European Union blocked Canadian efforts to have the World Trade Organization decide whether an EU ban on trade in seal products breaks global trade rules. The EU won’t be able to prevent
Simon Lester 24 Feb 2011 1 min read

Will the WTO Become Obsolete?

Writing in Newsweek, Daniel Altman argues that the future of free trade lies with bilateral and regional trade talks, and says "good riddance" to the WTO.  I think he elaborates on his views in this book, but I haven't read it yet so I'll
Simon Lester 21 Feb 2011 3 min read

More on Anti-Dumping Payments

Here's more on the issue of cash payments to settle anti-dumping cases, from a reader who wants to remain anonymous: The Wall Street Journal article has been picked up and commented on by others.  See, e.g., http://www.cato-at-liberty.org/tony-soprano-meets-the-
Simon Lester 21 Feb 2011 2 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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