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The End of the Zeroing Debate?

Well, the end of the debate in the WTO's judicial organs anyway (the political battle will surely continue).  From a concurring opinion in today's AB decision in U.S. - Continued Zeroing (DS350): 304. One Member of the Division wishes to make the following statement in relation
Simon Lester 04 Feb 2009 4 min read

"I think we need to make sure that any provisions that are in there are not going to trigger a trade war"

That's Barack Obama, talking about the Buy America controversy.  He also said: "I think it would be a mistake though, at a time when worldwide trade is declining, for us to start sending a message that somehow we're just looking after ourselves and not concerned
Simon Lester 03 Feb 2009 1 min read

CEPMLP, Dundee: Chair in International Law

From the CEPMLP: Dear Friends, We are now formally launching the search to seek a Professor of International Law to replace the late Professor Thomas Walde. Those of you who read The Economist or the UK’s Times Higher Education will have seen the notices. We are deliberately keeping the
Simon Lester 03 Feb 2009 1 min read

A More Subtle "Buy America" Approach

Richard Posner proposes the following alternative to the current Buy America provisions (which require the use of American inputs in certain projects): An appropriate solution to this dilemma is to focus the stimulus package on goods and services that are made in the United States. That is one more reason
Simon Lester 02 Feb 2009 1 min read

More on Trade News

A while back, I mentioned that we (that is, WorldTradeLaw.net) were working on a trade news feature.  Some of you may have already noticed this, but in case you have not, here is the news page we set up: http://www.worldtradelaw.net/wtlnews.htm  We're still
Simon Lester 01 Feb 2009 1 min read

The EU Defends its Anti-Dumping Measures

In relation to anti-dumping duties it imposed on Chinese screws and bolts, the European Commission says: "We reject strongly the implication from various sources quoted in the press that any anti-dumping measures in this case would be protectionist and not based on fact," the Commission said
Simon Lester 01 Feb 2009 1 min read

China and the Economic Crisis

NYU grad student Alireza Gharagozlou sends the following overview of a paper he has written, and asks for comments: China's accumulation of foreign currency is a hotly debated topic. Secretary of Treasury Geithner recently characterized it as "currency manipulation," a legal term of art which allows
Simon Lester 30 Jan 2009 1 min read

"Buy America" Stimulus Provisions

Sen. Sherrod Brown of Ohio supports them: "As we are losing jobs in record numbers, we obviously need to devote these funds to direct creation of American jobs. To do that, we must ensure that federal funds are used to buy American products and to help promote manufacturing in
Simon Lester 29 Jan 2009 1 min read

US vs. China: IPRs

Despite the fact that the Western press is reporting a win for the US in its IPRs dispute with China (see here and here), in reality this seems to be a win for China. Michael Geist (Ottawa) provides excellent initial analysis on his website (click here) showing why China was
Bryan Mercurio 27 Jan 2009 1 min read

Generic Pharmaceuticals, Patent Infringement and Freedom of Transit

Brazil and India are both upset over the interception (and return) by Dutch authorities of generic pharmaceuticals exported from India’s Dr. Reddy’s on route to Brazil. See here for one newspaper article.  The article states: Commerce secretary G.K. Pillai said the department has taken up the matter
Bryan Mercurio 25 Jan 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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