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Some Digital Trade Policy Proposals for the Biden Administration on Data Flow Obligations and Exceptions

Based on a couple recent meetings I was a part of, I thought it might be helpful to put together some specific proposals for digital trade provisions related to data flow obligations and exceptions, in the context of international economic agreements. The Biden administration appears to be having some internal
Simon Lester 19 Dec 2023 7 min read

Book Release - The Future of Trade: A North American Perspective

This is from David Gantz and Tony Payan: Our new book on trade law and policy, The Future of Trade: A North American Perspective, was published by Edward Elgar on December 15. For details, see here. "This critical book assesses the current trade policy challenges facing the US and
Inu Manak 16 Dec 2023 1 min read

More on Trade Enforcement

In my last post, I said this about trade enforcement at the WTO and under the U.S.-China Phase One deal: ... if the U.S. wants to enforce the WTO agreements in relation to the foreign trade barriers it has identified to the same extent other governments -- such as
Simon Lester 13 Dec 2023 2 min read

Katherine Tai on Trade Enforcement

Last week, U.S. Trade Rep. Katherine Tai spoke at the Aspen Security Forum and had the following things to say about U.S. enforcement of trade agreements: In terms of trade enforcement, in order for our trade agreements, and our trade arrangements, to have integrity, we have to hold
Simon Lester 11 Dec 2023 4 min read

The EU-Japan Approach to Data Flow Obligations and Exceptions

I've done several posts on digital trade provisions in which I set out the data flow obligations and the exceptions, and consider whether the drafters have struck a good balance in terms of promoting data flows while preserving regulatory space. A recent draft amendment to the existing EU-
Simon Lester 07 Dec 2023 6 min read

Chris Christie on Trump's China Trade Policies

There was another Republican primary debate last night, and finally there was a discussion of trade policy, albeit briefly. The issue was raised by former New Jersey Governor Chris Christie. Here's what he said: And I will say this about what I heard from Nikki [Haley] earlier. She
Simon Lester 07 Dec 2023 1 min read

AD/CVD and Non-Market Policies and Practices

Someone asked me to speak to their organization about the problem of non-market policies and practices, and one of the points I was going to make was that while some people seem to think AD/CVD can be a useful tool to address at least a few of these
Simon Lester 03 Dec 2023 2 min read

A North American Record Pace for USMCA Panel Reports

The USMCA panel report in Canada - Dairy TRQs 2023 was circulated on Friday. It's the fourth USMCA state-state trade dispute panel report since the USMCA came into force on July 1, 2020. The Mexico - GE Corn dispute is underway (the U.S. first written submission in that
Simon Lester 26 Nov 2023 1 min read

A Note of Thanks

As the bustle of Washington quiets down in the days leading up to Thanksgiving, I like to take time to reflect on the things I have to be thankful for in our wonky corner of the world. Back in 2017, I wrote about how I was thankful for NAFTA, which
Inu Manak 22 Nov 2023 3 min read

More on "Sunsetting" WTO Dispute Settlement

Reuters reports the following exchange with Deputy USTR Maria Pagan on WTO DS reform: WTO delegates told Reuters that Washington has submitted proposals, including a so-called "sunset clause" that would automatically mean any future deal would one day expire. Asked to react, Pagan said: "This is
Simon Lester 20 Nov 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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