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Carbon Tariffs "Are" WTO-Legal Versus Carbon Tariffs "Can Be" WTO-Legal

In a post entitled "Carbon tariffs — the legal aspects," Paul Krugman quotes Joost Pauwelyn as saying: In sum, if carefully calibrated along the lines suggested above, carbon equalization measures at the border, imposed on certain imports, can be modeled in compliance with WTO non-discrimination rules and/or
Simon Lester 03 Jul 2009 1 min read

A Bold Proposal on Anti-Dumping

From a letter to the FT by Professors Robert McGee and Yeomin Yoon: President Obama should be audacious enough to proclaim the following: In a free enterprise economic system, domestic producers have no inherent claim on the funds of consumers. The only ethical way of obtaining the funds of consumers
Simon Lester 03 Jul 2009 1 min read

Tariff Preferences and Drug Policies

This all sounds familiar.  A developed country uses illegal drug production/trafficking as a criterion for deciding which countries to include in a tariff preference program.  The DS246 EC - Tariff Preferences case, brought by India?  No, this time it's the United States excluding Bolivia from one of its
Simon Lester 03 Jul 2009 1 min read

China Does Not Like Carbon Tariffs

Reuters reports: Proposals to impose "carbon tariffs" on imported products will violate the rules of the World Trade Organization as well as the spirit of the Kyoto Protocol, China's Ministry of Commerce said. In a statement posted on its website, the ministry said collecting carbon duties
Simon Lester 03 Jul 2009 1 min read

Catfish Inspection: A Difficult Trade Issue

As this AP article explains, there is a long history of trade disputes involving the U.S. catfish industry and its Vietnamese competitors, including anti-dumping duties and labelling regulations.  The latest chapter is particularly interesting, though, because it gets at what I think could be a growth industry for
Simon Lester 01 Jul 2009 1 min read

China's PC Software Filtering Delayed

Bloomberg reports: China postponed tomorrow’s deadline for personal-computer makers to include a state-backed anti- pornography software on new PCs after U.S. officials and business groups urged it to scrap the rule
Simon Lester 30 Jun 2009 1 min read

Twittering About Trade Law

I can't figure out what to make of Twitter.  Is this really the next big thing?  In case it is, a little while ago I went ahead and used the RSS feeds for our news service and this blog to create a Twitter feed.  (I think this is
Simon Lester 30 Jun 2009 1 min read

PC Filtering: The Investment Issues

Over at the Kluwer Arbitration Blog, Luke Peterson talks about the investment aspects of the Chinese PC filtering issue.  He notes: One critical question in any claims arising out of this internet-filtering software dispute would be the expectations that investors had upon entering the Chinese market. For instance, it
Simon Lester 29 Jun 2009 1 min read

Obama on Carbon Tariffs

From a NY Times interview: Q. One of the provisions that got added very late to this bill that senators had expressed some reservations about was the one that puts tariffs on goods imported from countries that don't have these sort of restrictions. What do you think of
Simon Lester 29 Jun 2009 2 min read

Krugman on the WTO and Cap and Trade

Paul Krugman is happy with the recent WTO/UNEP report on trade and climate change: There was some question about how the WTO would handle cap-and-trade — whether it would accept the need for carbon tariffs, if some countries (cough China cough) drag their feet, or whether it would
Simon Lester 28 Jun 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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