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WTO Dispute Decisions: Coming Soon

People may have noticed a lull in WTO dispute decisions recently.  Since the Cotton Subsidies arbitration decisions last August, we have had a grand total of 3 decisions.  And two of those were fairly minor:  An Article 21.3(c) arbitration and a decision on zeroing where the U.S.
Simon Lester 24 May 2010 3 min read

Chatting with USTR about the TPP

As mentioned here, USTR hosted an online chat about the TPP.  I was excited to see that they responded to the question I submitted: Simon: What is the likelihood that an investor-state dispute settlement mechanism will be included in the TPP? Is USTR pushing for it to be included?
Simon Lester 21 May 2010 1 min read

The Generic Drug Seizure Complaints

As was widely reported last week, Brazil and India have requested WTO consultations on the generic drug seizures issue.  From Ravi Kanth of the Business Standard: India and Brazil raised a trade dispute against the European Union (EU) before the World Trade Organization on Tuesday over seizure of generic drugs
Simon Lester 20 May 2010 5 min read

Grand River Enterprises: Discussion of National Treatment at the Hearing

Following up on some previous posts about the NAFTA Chapter 11 Grand River Enterprises dispute, the hearing in the case, held in early February, offered some interesting discussion of the National Treatment issue. Let me first turn to Luke Peterson of the Investment Arbitration Reporter for some background: The individual
Simon Lester 18 May 2010 9 min read

Bill Clinton on VAT and Exports

From a recent interview: I think they ought to look at a progressive value-added tax, just because--and I think it's important the American people understand this--most of our competitors have tax systems like this. If you have a value-added tax, you put a little
Simon Lester 18 May 2010 1 min read

Petitioners' vs. Respondents' Views on Prospective vs. Retrospective Systems

As mentioned a little while back, in the conference report accompanying the 2010  Consolidated Appropriations Act, Public Law: 111-117, the conferees "directed the Secretary of Commerce to work with the Secretaries of the Departments of Homeland Security and the Treasury to conduct an analysis of the relative advantages
Simon Lester 17 May 2010 1 min read

Two Interesting Pieces of Trade Law Scholarship

On SSRN, "Strategic Delaying and Concessions Extraction in Accession Negotiations to the World Trade Organization," by Eric Neumayer: Accession to the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT), is like no accession to any other international organization. It is extremely
Simon Lester 17 May 2010 2 min read

Chat Online with USTR About TPP

From USTR: USTR is ... actively seeking  public input on objectives for the Trans-Pacific Partnership negotiations ahead of the second round of negotiations, which will be held during the week of June 14.    As part of USTR’s Schedule of activities for World Trade Week, USTR chief negotiator for the
Simon Lester 14 May 2010 1 min read

Retaliatory Anti-Dumping

Can anti-dumping measures be used as a response to another country's anti-dumping measures?  From the recent consultations request by the EU in China - Provisional AD Duties on Fasteners (DS407): 2. The EU considers that Article 56 of the Regulations of the People's Republic of
Simon Lester 14 May 2010 2 min read

Zeroing in "Targeted Dumping" Situations: The Next Battleground?

Trade lawyers Bob LaFrankie and Alicia Winston write (registration required) about a recent DOC decision related to zeroing in the "targeted dumping" context: Foreign exporters and U.S. importers should take note of a recent antidumping decision that represents a significant change in the U.S. Government'
Simon Lester 13 May 2010 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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