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Katherine Tai on Trade and Antitrust

U.S. Trade Representative Katherine Tai spoke today at a conference on "Antitrust, Regulation and the Next World Order." She had the following to say about the connection between trade policy and antitrust policy: A lot of the change vectors that we are grappling with in trade are
Simon Lester 31 Jan 2024 4 min read

The U.S. Domestic Politics of International Trade Dispute Mechanisms Involving China

This is from an article by Chris Horseman of Borderlex on the progress (or lack thereof) on WTO dispute settlement reform: “No US trade representative is going to go before Congress and say, ‘I’ve agreed to binding dispute settlement between China and the US’. It is simply not politically
Simon Lester 30 Jan 2024 1 min read

Should a WTO Appeals Body Be Able To Uphold an Appealed Issue Without Any Reasoning?

Back in June 2019, when the Appellate Body was hanging on for dear life, I offered this argument for allowing the Appellate Body to decline to offer any reasoning in situations where it was just upholding a panel's finding: I recently read something about the U.S. Judiciary
Simon Lester 28 Jan 2024 4 min read

Peter Harrell on a More "Targeted" Trade Strategy

Peter Harrell has a piece in Foreign Affairs entitled "How to China-Proof the Global Economy: America Needs a More Targeted Strategy." Harrell was the Senior Director for International Economics and Competitiveness on the White House National Security Council in the Biden administration, and I think of him
Simon Lester 18 Jan 2024 11 min read

The GE Corn Dispute: U.S. Agriculture Challenges Mexican Culture

Logan Castellanos is a student at Georgetown University and an intern with WorldTradeLaw.net/International Economic Law and Policy Blog The United States is escalating its GE corn dispute with Mexico amid calls to action from members of Congress from corn-producing states. In response to changes in Mexico’s
Logan Castellanos 11 Jan 2024 11 min read

Why Is Dumping "Condemned" in the GATT?

GATT Article VI:1 states the following about dumping: The contracting parties recognize that dumping, by which products of one country are introduced into the commerce of another country at less than the normal value of the products, is to be condemned if it causes or threatens material injury to
Simon Lester 10 Jan 2024 5 min read

Managing Risks as a GATT Exception under GATT Article XX(j)

In January 2024, the EU will offer more information about its strategy for economic security. After the pandemic and war, the focus is on an approach to risk management. While we await more details, this post probes past jurisprudence to assess how earlier WTO adjudicators handled the potential of an
Mona Paulsen 08 Jan 2024 5 min read

The U.S.-Peru FTA Goes to Missouri

It’s not every day that a trade agreement finds its way into U.S. courts – especially not as a basis to dismiss a tort claim in Missouri. Tomorrow, the U.S. Court of Appeals for the Eighth Circuit will hear Reid v. Doe Run Resources Corp. In a rather
Kathleen Claussen 08 Jan 2024 6 min read

A Very Old Semiconductors and National Security Trade Dispute

Through some searches I don't recall the details of, I stumbled on this paper, which makes reference to an old U.S. national security dispute over imports of semiconductor products: ... The very first trade dispute in semiconductors was in 1959. American transistor producers sought protection from Japanese exports
Simon Lester 05 Jan 2024 3 min read

Chip Subsidies, Exports, and CVDs

Subsidies are a big part of the Biden administration's economic policy, with a variety of types available. Some go directly to producers, while others are in the form of tax credits for consumers on their purchases of goods. How much is being spent? For semiconductor subsidies, which as
Simon Lester 28 Dec 2023 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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