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"Congress Doesn't Respect NAFTA"

So says Mexico's Ambassador to the US in a WSJ opinion column today. Trade wars are messy, and even though Mexico's retaliation will injure US industries (twice - because some of these industries would likely benefit from liberalization of the trucking sector) and Mexican consumers, in
Tomer Broude 18 Mar 2009 1 min read

NAFTA Chapter 20 Suspension in the Trucking Case

News reports indicate that Mexico is going ahead with retaliation in the NAFTA Trucking Services case: Mexico slapped tariffs on 90 American agricultural and manufactured exports on Monday in retaliation for Washington's move to block Mexican trucks from using U.S. highways. Here's the part that
Simon Lester 17 Mar 2009 1 min read

Obama and Lula on Trade in Biofuels

From their recent joint press conference: Question:  President Lula said that during their meeting they talked about energy, President Obama talked about a possible partnership for energy within the hemisphere. The question I have is can't this partnership get off-balance? Because there's a lot of interest
Simon Lester 16 Mar 2009 2 min read

Dani Rodrik Prefers the GATT to the WTO

In the context of writing about what is needed in the field of financial regulation, Dani Rodrik says: In short, global financial regulation is neither feasible, nor prudent, nor desirable. What finance needs instead are some sensible traffic rules that will allow nations (and in some cases regions) to implement
Simon Lester 15 Mar 2009 1 min read

More on NAFTA Chapter 11 Non-Discrimination

I did a recent post discussing NAFTA Chapter 11 non-discrimination standards, in the context of the Grand River Enterprises case.  In response, I got a number of helpful comments, which made clear to me that there was a lot I did not know about NAFTA Chapter 11 non-discrimination standards.  Rather
Simon Lester 13 Mar 2009 2 min read

Ron Kirk's Answers to Senators' Written Questions

Ron Kirk's answers to the written questions of Senators on the Finance Committee are available here.  It is a 129 page document, with lots of questions and mostly brief answers.  Below the jump, I pulled out the ones that I found most noteworthy (in some instances the question
Simon Lester 12 Mar 2009 5 min read

The New Tuna-Dolphin Case

It appears that Mexico is moving ahead with its complaint against U.S. dolphin-safe tuna labeling measures.  Here is the panel request: http://www.worldtradelaw.net/pr/ds381-4(pr).pdf  The specific claims are as follows: 1. Mexican products are not accorded immediately and unconditionally any advantage, favour, privilege or
Simon Lester 11 Mar 2009 1 min read

The Softwood Lumber Arbitration and Retrospective Trade Remedies

(Cross-posted from the new Kluwer Arbitration Blog). Two weeks ago, an LCIA tribunal issued its Award on Remedies in a dispute filed by the U.S. against Canada under the 2006 Softwood Lumber Agreement (SLA). This dispute is interesting in many respects. Most obviously, it is a state-to-state dispute adjudicated
Tomer Broude 10 Mar 2009 6 min read

Expanding NAFTA Chapter 19

Stephen Powell of University of Florida Law School has posted a paper entitled "Expanding the NAFTA Chapter 19 Dispute Settlement System: A Way to Declaw Trade Remedy Laws in a Free Trade Area of the Americas?"  Here's the abstract: Chapter 19 of the NAFTA transfers judicial
Simon Lester 10 Mar 2009 2 min read

Ron Kirk Hearing: Today at 5 p.m.

The Senate Finance Committee hearing for Ron Kirk's nomination as USTR will be today at 5.  I'll update this post if anything interesting is said. UPDATE: I'm not sure when a transcript of the hearing will be available, but Kirk's statement is.
Simon Lester 09 Mar 2009 1 min read

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Is There No Going Back on Trade? What Is the Path Forward? A Response to Lighthizer

Former U.S. Trade Rep. Bob Lighthizer has a new essay in Foreign Affairs, and I have some thoughts. I'm going to start with his brief big picture points on the direction of U.S. trade policy, and then go through a couple of the specific concepts he emphasizes.
27 Apr 2026 6 min read

The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators questioned
14 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
08 Apr 2026 5 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
16 Mar 2026 4 min read

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