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GATT Articles I and II and the China Specific Safeguard

A while back, I wrote about the Chinese consultations request in the U.S. - Tires Safeguards (DS399) case.  I was intrigued by how China presented its claim.  Here's what I said then:  " instead of simply claiming a violation of the Protocol, China characterizes its claims as being
Simon Lester 12 May 2010 2 min read

"Clarifying" WTO Provisions Through the DSU

I wanted to follow-up on my postabout a NAFTA Chapter 19 panel's consideration of zeroing under U.S. law.  I realize that I put a lot of emphasis on DSU Article 3.2 as the basis for arguing that WTO panel and Appellate Body clarifications of WTO
Simon Lester 09 May 2010 6 min read

Choosing Panelists in the Philippines - Alcohol Taxes Case

The selection of WTO panelists is one of the least transparent parts of the WTO dispute process, and is rarely discussed publicly.  So, I thought these statements by a trade official might be of interest to readers who would like some insights into the process: THE PHILIPPINES has proposed criteria
Simon Lester 09 May 2010 1 min read

Human Rights in Trade Agreements

A proposal by a Canadian politician: Canadian opposition lawmaker Scott Brison, whose proposal to include human rights reviews in a free trade accord with Colombia may win its passage, said the idea could jumpstart a similar agreement stalled in the U.S. Congress. Critics of trade with Colombia say President
Simon Lester 06 May 2010 1 min read

Free Speech and Free Trade

Columbia University President Lee Bollinger wants the WTO to help promote free speech: On Google’s recent development with China, Bollinger said, “I have the sense that the lines have been drawn in the sand and Google is withdrawing to Hong Kong and maybe beyond. … What's going to
Simon Lester 06 May 2010 1 min read

NAFTA Chapter 19 Zeroing Decision

As mentioned a little while ago, a NAFTA Chapter 19 panel recently found that zeroing violates U.S. law.  Here's a brief rundown of the majority opinion, and a little bit about the dissent. The issue addressed by the panel majority was:  "Whether Commerce’s Application of
Simon Lester 04 May 2010 7 min read

Fixed vs. Floating Exchange Rates (and Conservative vs. Conservative)

Scott Lincicome reports on recent remarks of Nobel Prize-winning economist Prof. Robert Mundell (who is described by the Heritage Foundation as "the academic founder of supply side economics").  Here's a summary of the key point for my purposes, from Sean Rushton of NRO:[Mundell] says
Simon Lester 04 May 2010 2 min read

Tobacco Trademarks and BITs, TRIPS and NAFTA

Following up on the "plain packaging of tobacco products under TRIPS" post, which generated a good deal of discussion, there's a related issue in a BIT challenge to Uruguayan measures that affect the use of trademarks.  As Luke Peterson of the Investment Arbitration Reporter explained a
Simon Lester 04 May 2010 2 min read

Pascal Lamy on Trade Fallacies

In a recent speech (well, not that recent at this point -- I got distracted by other things), WTO DG Pascal Lamy addressed six "trade fallacies": Fallacy #1: Comparative advantage does not work anymore Fallacy #2: It is unhealthy for trade to grow faster and faster compared to output
Simon Lester 30 Apr 2010 4 min read

Manufacturing Comes Back to America

From the Daily Show: The Daily Show With Jon Stewart Mon - Thurs 11p / 10c Wham-O Moves to America www.thedailyshow.com Daily Show Full Episodes Political Humor Tea Party
Simon Lester 27 Apr 2010 1 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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