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Katherine Tai on Trade and Peace

Here's another item from the Katherine Tai event at the University of Chicago last week: Q: So let's go back to that comment you made about McDonald's, and that old theory that if there were a McDonald's in two countries, they would
Simon Lester 11 Feb 2024 1 min read

Guest Post: The WTO E-commerce Agreement and its relationship to existing WTO rights and obligations

This is a guest post from Ines Willemyns, Teaching Fellow and Lecturer in Law at Stanford Law School Earlier this week, the draft chairs text of the WTO e-commerce negotiations was leaked to the public. The text, dated 15 January 2024, puts forward a “commercially meaningful and inclusive package”
Simon Lester 08 Feb 2024 5 min read

Rep. Don Beyer and Bruce Hirsh on Trade Agreements and National Security

At a House Ways and Means Committee trade hearing yesterday, Congressman Don Beyer asked a good question of former USTR official Bruce Hirsh about possible abuse of the national security exception in trade agreements: Mr. Hirsh, you mentioned that, you talked about the dispute over whether WTO panels can second
Simon Lester 08 Feb 2024 2 min read

RSS Feed

Just a quick blog housekeeping note: For those of you who follow the blog via an RSS feed, one version of the feed wasn't working, and if you notice any problems it is probably better to use this one instead: https://worldtradelaw.typepad.com/ielpblog/rss.xml
Simon Lester 07 Feb 2024 1 min read

Katherine Tai on the GE Corn USMCA Dispute

Following up on my last post, here's another quote from U.S. Trade Rep. Katherine Tai speaking at the University of Chicago yesterday, this one in response to a question on the GE Corn USMCA dispute: Q: Your office is bringing an international trade complaint against Mexico under
Simon Lester 07 Feb 2024 2 min read

Katherine Tai on Free Trade Enthusiasts

U.S. Trade Rep. Katherine Tai spoke at the University of Chicago yesterday. I'll do a couple posts about her comments there, but to kick things off, here's something she said in response to a question involving Milton Friedman: Q: We're at the University
Simon Lester 07 Feb 2024 2 min read

Katherine Tai on Trade and Antitrust

U.S. Trade Representative Katherine Tai spoke today at a conference on "Antitrust, Regulation and the Next World Order." She had the following to say about the connection between trade policy and antitrust policy: A lot of the change vectors that we are grappling with in trade are
Simon Lester 31 Jan 2024 4 min read

The U.S. Domestic Politics of International Trade Dispute Mechanisms Involving China

This is from an article by Chris Horseman of Borderlex on the progress (or lack thereof) on WTO dispute settlement reform: “No US trade representative is going to go before Congress and say, ‘I’ve agreed to binding dispute settlement between China and the US’. It is simply not politically
Simon Lester 30 Jan 2024 1 min read

Should a WTO Appeals Body Be Able To Uphold an Appealed Issue Without Any Reasoning?

Back in June 2019, when the Appellate Body was hanging on for dear life, I offered this argument for allowing the Appellate Body to decline to offer any reasoning in situations where it was just upholding a panel's finding: I recently read something about the U.S. Judiciary
Simon Lester 28 Jan 2024 4 min read

Peter Harrell on a More "Targeted" Trade Strategy

Peter Harrell has a piece in Foreign Affairs entitled "How to China-Proof the Global Economy: America Needs a More Targeted Strategy." Harrell was the Senior Director for International Economics and Competitiveness on the White House National Security Council in the Biden administration, and I think of him
Simon Lester 18 Jan 2024 11 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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