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Drafting the WTO's "General Exceptions"

Over at Opinio Juris, Roger Alford discusses the different policy exceptions included in the GATT and GATS "General Exceptions," and then says:  " I have yet to discover a satisfactory explanation for the disparate treatment that the WTO drafters have given to the general exceptions in GATT versus
Simon Lester 27 Apr 2010 1 min read

Do BITs Promote Foreign Direct Investment?

From Jason Yackee, on SSRN, a new paper entitled "Do Bilateral Investment Treaties Promote Foreign Direct Investment? Some Hints from Alternative Evidence": In this article I present a multi-method examination of whether bilateral investment treaties, or BITs, are likely to promote inflows of foreign direct investment. Using
Simon Lester 27 Apr 2010 1 min read

"Global Competition: Law, Markets and Globalization" by David Gerber

OUP has just published a very interesting, and important, book on the global competition regime. Here is the link. http://www.oup.com/us/catalog/general/subject/Law/?view=usa&ci=9780199228225 and here is the description. Global competition now shapes economies and societies in ways unimaginable only a
Sungjoon Cho 26 Apr 2010 1 min read

Guest Post: Russia-Ukraine Gas Deal: Any potential WTO-related issues?

The Moscow Times has reported that Russia and Ukraine reached a new gas agreement under which Russia would effectively give a 30 percent discount for its gas exports to Ukraine, potentially costing cost Russia approximately $40 billion over the life of the agreement. (see Anatoly Medetsky, “Deal Struck on Gas,
Simon Lester 25 Apr 2010 2 min read

Some Congressional Criticism of the Cotton Deal

Via Sallie James of Cato, I see that four members of Congress want real reform of U.S. cotton subsidies and are not happy with the proposed deal with Brazil: “This proposal takes our federal farm subsidy policy from the impractical to the absurd,” said Rep. Flake.  “We want to
Simon Lester 25 Apr 2010 1 min read

Why the Decline in Anti-Globalization Protests?

Kindred Winecoff notes that anti-globalization protests have died down over the years, and wonders why: I can think of a few possibilities. First, the protests were loudest in the 1990s because of NAFTA (1994), the establishment of the WTO to supplant the GATT (1995), the fairly brutal "Big
Simon Lester 24 Apr 2010 3 min read

Why Is ACTA Called a "Trade Agreement"?

Following-up on Henning's post, let me ask a very basic question:  Why is the Anti-Counterfeiting Trade Agreement (ACTA) referred to as a "trade agreement"?  I'm sure this has been discussed somewhere, but I have not come across it. As Henning points out,
Simon Lester 24 Apr 2010 1 min read

Große Ruse-Khan: ACTA – A Draft Trade Agreement with a Potential to Create Trade Barriers?

A guest post from frequent commenter Dr. Henning Große Ruse-Khan ACTA – A Draft Trade Agreement with a Potential to Create Trade Barriers? After years of secrecy and forced by recent leaks (/content/files/files/201001_acta.pdf), the negotiating parties to an Anti-Counterfeiting Trade Agreement (ACTA), currently the
Simon Lester 22 Apr 2010 3 min read

The Clove Cigarette Case and GATT Article III:4

As mentioned the other day, Indonesia is moving ahead with a WTO complaint against the U.S. clove cigarette ban, having now filed a consultations request.  I thought I'd do a short post on the GATT Article III:4 claim. Here's the Article III:4 part
Simon Lester 20 Apr 2010 4 min read

WTO Consistency of China's Currency Policy: Views of Some Experts

As mentioned here, a number of experts recently weighed in on the consistency of China's currency policy with WTO rules. Here are some highlights: Staiger / Sykes GATT XV:4/SCM ... we question whether China’s trading partners can readily make a convincing case that China has violated its
Simon Lester 20 Apr 2010 5 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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