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Subsidies, Overcapacity, and Domestic Demand/Savings

There has been a lot of discussion recently about how Chinese subsidies and other government support has led to industrial overcapacity, which can have a negative impact on the manufacturing sector of other economies. If domestic supply exceeds domestic demand, the Chinese-made products that won't be sold
Simon Lester 14 Apr 2024 5 min read

Free Trade and Peace Sells ... but Who's Buying?

I remain puzzled by some recent statements questioning whether free trade promotes peace. When I read another one in the Boston Review, I thought I was going to have to go through all my old rebuttals again. The article starts off this way: To many today, the idea that free
Simon Lester 07 Apr 2024 4 min read

The Role of the WTO in Planetary Sustainability

The Role of the WTO in Planetary Sustainability Steve Charnovitz 6 April 2024 Promoting planetary sustainability is within the legal competence of all multilateral organizations.  As a result, no international organization is likely to have an exclusive competence to effectuate any major sustainability goal.  A recognition of such overlapping legal
Charnovitz 06 Apr 2024 4 min read

USTR's New Vision for Foreign Trade Barriers

Last week, in the press release for its 2024 National Trade Estimate Report on Foreign Trade Barriers, USTR said that over the years, the identification of trade barriers in this annual report has strayed from the original purpose of the statute, and that in the 2024 report it was going
Simon Lester 01 Apr 2024 4 min read

Digital Trade Fights: The Case of Korea

In recent years, the U.S. has expressed concerns about digital trade regulation in a number of other countries, with the focus tending to be on the the EU due to its large market and active regulatory efforts (although it sounds like USTR and the European Commission are getting along
Simon Lester 31 Mar 2024 3 min read

Data Flows Obligations and Exceptions in the EU - New Zealand FTA

There's a new FTA digital chapter to analyze, with the EU-New Zealand FTA coming into force soon. Let's take a look at the data flows provisions, with the EU-Japan text in the back of our minds as a comparison. The EU-NZ digital trade
Simon Lester 26 Mar 2024 7 min read

New U.S. AD/CVD Regulations Will Take Into Account Weak Property, IP, Human Rights, Labor, Environmental Protections

In a Proposed Rule issued last year, the U.S. Commerce Department said it would take into account "nonexistent, weak, or ineffective property (including intellectual property), human rights, labor, and environmental protections" in various ways as part of its anti-dumping/countervailing duty calculations (surrogate value selection, § 351.
Simon Lester 25 Mar 2024 5 min read

Guest Post: EFTA-India TEPA: Breaking New Ground

This is a guest post by Rohan, a PhD student at the Graduate Institute India and the EFTA countries (Iceland, Liechtenstein, Norway, and Switzerland) signed a comprehensive Trade and Economic Partnership Agreement (TEPA) on 10th March, 2024 after a long process of negotiations that started in 2008. Notably, two disciplines
Simon Lester 24 Mar 2024 6 min read

Is Section 301 the Right Remedy for Chinese Shipbuilding Subsidies?

In the Section 301 petition recently filed by a group of unions, the petitioners argued that "Section 301 provides an appropriate mechanism for addressing China’s policies in the maritime, logistics, and shipbuilding sector." They offer three reasons for this: First, traditional trade remedies are not available to
Simon Lester 19 Mar 2024 2 min read

Katherine Tai on Online Business Models and Digital Regulation

U.S. Trade Rep. Katherine Tai spoke recently at a SeedAI event and had some interesting things to say about both online business models and digital trade regulation. I'll start with a quote that reflects what she has said many times about sorting out domestic digital regulation before
Simon Lester 18 Mar 2024 5 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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