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Eventual Implementation in the WTO Cotton Subsidies Case

Sallie James of Cato sees signs of hope that the WTO U.S. - Cotton Subsidies ruling will eventually be implemented: I’ve written before about Rep. Collin Peterson’s (D, MN) disdain for the World Trade Organization, and its rulings against U.S. farm programs. However, in launching his 2012
Simon Lester 20 Apr 2010 1 min read

Plain Packaging of Tobacco Products under TRIPS

In the comments to another post, two readers suggested a discussion of this memo by the law firm Lalive, written to Philip Morris, entitled "Why Plain Packaging is in Violation of WTO Members’ International Obligations under TRIPS and the Paris Convention." The memo defines "plain packaging"
Simon Lester 17 Apr 2010 5 min read

NAFTA Chapter 19 and the Constitution

I haven't yet gotten to the substantive discussion of the NAFTA Chapter 19 panel finding that zeroing violates U.S. law, but in the meantime let me ask this question:  Is there any chance this finding will lead to a constitutional challenge to NAFTA Chapter 19?  That'
Simon Lester 17 Apr 2010 1 min read

More on Is the U.S. Manipulating its Currency?

In response to this post, a reader points me to the Annex of a 2007 IMF Decision: ANNEX Article IV, Section 1(iii) and Principle A 1. Article IV, Section 1 (iii) of the Fund's Articles provides that members shall "avoid manipulating exchange rates or the international
Simon Lester 16 Apr 2010 2 min read

Industrial Policy Versus Protectionism

Dani Rodrik argues: British Prime Minister Gordon Brown promotes it as a vehicle for creating high-skill jobs. French President Nicolas Sarkozy talks about using it to keep industrial jobs in France. The World Bank’s chief economist, Justin Lin, openly supports it to speed up structural change in developing
Simon Lester 16 Apr 2010 2 min read

ICTSD: The Impact of the Cotton Dispute on Africa

A new report from ICTSD: African farmers could have gained from a 3.5 percent average increase in world cotton prices, if the US had moved quickly to implement the recommendations of an international trade panel, a new study finds. The study, commissioned ICTSD and conducted by Mario Jales of
Simon Lester 16 Apr 2010 2 min read

Is the U.S. Manipulating its Currency?

Scott Lincicome writes: the Canadians ... announced an amazingly sane response to rapid currency devaluation by... wait for it... the United States.  Here's BNA (subscription) with the embarrassing details: The government will not intervene in the Canadian dollar's continued increase in value compared to the United States
Simon Lester 15 Apr 2010 2 min read

WTO Rules and the Chinese Currency Issue

VoxEU has a new e-book entitled The US-Sino Currency Dispute: New Insights from Economics, Politics, and Law. Here's the abstract: Thanks to deft diplomatic footwork, a US-China confrontation over the renminbi has been avoided. But the US Treasury has merely postponed the publication of its
Simon Lester 15 Apr 2010 1 min read

Does Zeroing Violate U.S. Law?

A NAFTA Chapter 19 panel (well, the majority, anyway) says yes.  An excerpt: A plain reading of the statute requires that all sales be analyzed in the dumping analysis as dumping refers to an aggregate concept. In directing the DOC to analyze aggregate amounts and compare average sales, the statute
Simon Lester 15 Apr 2010 1 min read

WTO Complaint on the Clove Cigarette Ban

As some may have seen in the news, Indonesia is going forward with its WTO challenge to the U.S. clove cigarette ban.  Here is the key part of the WTO consultations request: The Government of Indonesia maintains that the ban on the sale of clove cigarettes in the United
Simon Lester 14 Apr 2010 3 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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