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U. of Chicago Law Faculty Blog on "The Future of the WTO"

The U. of Chicago Law School Faculty Blog is discussing "The Future of the WTO," with posts by Anu Bradford, Daniel Abebe, Greg Shaffer and Richard Steinberg. Steinberg begins his post as follows:  "As a location for trade negotiation, the WTO is dead."  I'm
Simon Lester 23 Feb 2009 1 min read

Decision out in Byrd Amendment Constitutionality Lawsuit

On Feb. 19, the U.S. Court of Appeals for the Federal Circuit issued its decision in the interesting case about the Constitutionality of the Byrd Amendment.  The name of the case is SKF USA Inc. v. U.S. Customs and Border Protection, Fed. Cir. No. 2008-1005.  The question
Charnovitz 21 Feb 2009 1 min read

Buy America under WTO Rules

With regard to Brazil's possible WTO complaint against the Buy America stimulus provisions, I had been caught up with trying to figure out how Brazil would deal with the GATT Article III:8(a) exemption.  However, a commenter pointed out SCM Agreement Article 3.1(b), which I
Simon Lester 19 Feb 2009 2 min read

Obama and Harper Talk Trade

From their joint press conference: Q Thank you, to both of you. I've got a question for both of you. Mr. President, on Tuesday you said that now is not the time to reopen NAFTA. But your aides said that you would be trying to convince our friends
Simon Lester 19 Feb 2009 4 min read

Trade Implications of The Auto Bailout

Some experts weigh in: Claire Brunel and Gary Hufbauer of the Peterson Institute: Auto bailouts in the United States and elsewhere largely fall within the purview of the WTO definition of actionable subsidies. But fuel-efficiency and environmental standards complicate the issue, and bringing a case to the WTO based
Simon Lester 19 Feb 2009 1 min read

"Buy Keynesian"

Todd Tucker at Eyes on Trade points to the following proposal, referred to as a "Buy Keynesian" policy, from John Schmitt at CEPR: The President could rewrite the current "Buy American" restriction to allow US recovery funds to be spent on US goods — as well as
Simon Lester 16 Feb 2009 2 min read

A Possible "Buy America" WTO Complaint

From Reuters: Brazil may challenge the legality of a "Buy American" clause in the recently approved U.S. economic stimulus package at the World Trade Organization, Brazilian Foreign Minister Celso Amorim said on Monday. "It's a complex legal analysis, but we're doing it,
Simon Lester 16 Feb 2009 1 min read

"Naming and Shaming" Protectionism

Gary Hufbauer proposes the following: Here’s one proposal, built on the force of “name and shame.” A visionary private foundation might convene a blue-ribbon bench of respected trade economists and lawyers, independent of any government or the WTO. The bench would be drawn from eminent persons around the
Simon Lester 15 Feb 2009 1 min read

The Final "Buy America" Provisions in the Stimulus Bill

The White House approves: Congressional negotiators have come up with the "right compromise" on 'Buy American' provisions of the economic stimulus bill that have raised concern among U.S. trade partners, a White House spokesman said on Thursday. "I think where we ended up with
Simon Lester 13 Feb 2009 2 min read

The US-EU Gambling Settlement

I've mentioned before (here and here) that journalist Ed Brayton has been trying to find out what is in the settlement reached by the U.S. and EU in relation to the Gambling case.  Brayton now has something to report, although it appears the full details will have
Simon Lester 13 Feb 2009 2 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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