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Will “Zeroing” Be (Ever) Zeroed?

As you may have already known by now, the AB has issued yet another anti-zeroing decision. ( United States- Measures Relating to Zeroing and Sunset Reviews — Recourse to DSU Article 21.5 by Japan ) Even before this report, we all know that the AB has firmly established an anti-zeroing
Sungjoon Cho 19 Aug 2009 2 min read

Damages: Investor-State Versus State-to-State

What's the difference in assessing damages as between investor-state dispute settlement and state-to-state trade disputes?  Well, with state-to-state, enforcing a successful complaint often revolves around the fuzzy concept of nullification or impairment, and it's up to the aggrieved state to come
Simon Lester 19 Aug 2009 1 min read

How To Address Other Countries' Protectionism

Economist Don Boudreaux says: The whole world would be made better off – but the Chinese people especially – if Beijing took a more hands-off approach to trade (and every other economic) policy.  But Americans would be made worse off if, under the pretext of ‘responding’ to Beijing’s misguided trade
Simon Lester 19 Aug 2009 1 min read

Mexico and the U.S. discuss the NAFTA/WTO Overlap

Following-up on this post, here are some more details, from the April 20, 2009 DSB meeting, on the NAFTA/WTO overlap in the new tuna-dolphin dispute: 77. The representative of the United States said that his country was disappointed that Mexico had chosen to move forward with its
Simon Lester 17 Aug 2009 4 min read

China To Appeal the China - Publications/AV Products Decision

That was quick.  From Reuters: "We think it was improper for the WTO not to reject the U.S. request," the spokesman, Yao Jian, told a news conference in Beijing. "Based on the WTO schedule, we are preparing the documents necessary to lodge an appeal."Here&
Simon Lester 17 Aug 2009 1 min read

Quick Thoughts on the China - Publications/AV Products Panel Report

Some first impressions of the panel report, based on what I've read so far: -- it has some very interesting issues. -- it's very well-written. -- it's very, very long. More later. ADDED: When I say it's well-written, I don't mean
Simon Lester 13 Aug 2009 1 min read

Pietro Poretti on the GATS and Services Subsidies

Not everyone reads the comments on this blog, so I thought I'd put this very good comment by Pietro Poretti up as a post: I would like to add a few thoughts to the captivating discussion on GATS and financial services bailouts and, more generally, on services subsidies.
Simon Lester 13 Aug 2009 5 min read

GATT Article XX as a Defense to Agreements Other Than the GATT

From today's China - Publications and Audiovisual Products report: 7.743 It is clear that the WTO Agreement includes the GATT 1994, and that the GATT 1994 includes Article XX(a). Nevertheless, China's invocation of Article XX(a) presents complex legal issues. We observe in this respect
Simon Lester 12 Aug 2009 3 min read

Women Trade Commissioners (in 1963)

A gem from the Australian archives, for your holiday amusement ... http://www.worldtradelaw.net/dfatpg1.pdf
Lorand Bartels 12 Aug 2009 1 min read

Putting Burdens on Foreign Manufacturers

From the Palm Beach Post: Bipartisan legislation introduced in the U.S. Senate aims to help victims of tainted Chinese drywall hold foreign manufacturers more accountable for their defective products. The Foreign Manufacturers Legal Accountability Act of 2009 would cut down on the red tape Americans face when they try
Simon Lester 11 Aug 2009 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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