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How To Design a Subsidy Rule Carveout for Carbon Reduction Measures

Jennifer Hillman and Inu Manak have a new paper out called "Rethinking International Rules on Subsidies." In a nutshell, they argue that all the new subsidies being thrown around are likely to create difficulties in international economic relations, and some revised rules might help with that. One key
Simon Lester 10 Sep 2023 2 min read

The IPEF Supply Chain Agreement: Commitments, Institutions, Labor, Monitoring, Security, and Consultations

I haven't been following the Indo-Pacific Economic Framework for Prosperity (IPEF) negotiations as closely as some other people have, but I see that the text of the IPEF's Supply Chain Agreement was released yesterday. I don't have any hot takes on all this,
Simon Lester 08 Sep 2023 6 min read

Post by Joel Trachtman: Remaking Trade for Sustainable Development

Joel was having trouble posting, so despite my name as the author of the post, this is actually from him: Some readers of this blog are old enough to remember when I resisted arguments to apply international environmental law in WTO dispute settlement.  My position then was based on a
Simon Lester 07 Sep 2023 2 min read

The First CPTPP Panel Report

The first CPTPP panel report, in the Canada - Dairy TRQs case, was just circulated. A case on similar issues has already been litigated under the USMCA, and a new USMCA case is currently being litigated. At this point, I have just two small things to note about the panel report.
Simon Lester 06 Sep 2023 1 min read

What if the Clinton Administration Hadn't Agreed to China's WTO Accession?

In recent years, I've frequently heard the argument that the Clinton administration made a mistake by allowing China to join the WTO. The specific actions here are the Clinton administration's completion of a bilateral deal with China in 1999 (which paved the way for other governments
Simon Lester 05 Sep 2023 2 min read

The U.S. “Worker-Centered Trade Policy” is helping some workers in Mexico but not in America

This Labor Day post seeks to shed light on the Biden administration’s “worker-centered” trade policy.  It argues that the United States-Mexico-Canada trade agreement (USMCA) misses a critical opportunity to strengthen workers’ rights in America.  The agreement’s provisions exclude protections for the most vulnerable workers in
Desiree LeClercq 03 Sep 2023 8 min read

Trump's Latest Tariff Talk

Former president Trump had the following exchange with his former economic adviser Larry Kudlow the other day: Kudlow: Let me ask you, what's your thinking here? Would you want tariffs on foreign goods coming into the US, take those revenues and cut taxes on American goods and American
Simon Lester 24 Aug 2023 3 min read

The thin line between "consistent with" GATT Article XXI and "pursuant to" GATT Article XXI.

A curious realisation from the newly released panel report for China – Additional Duties on Certain Products from the United States (DS558) – for thinking through the legal characterisation of security measures under WTO law. After the United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) panel reports
Mona Paulsen 17 Aug 2023 9 min read

Guest Post: A Reply to Aaron Cosbey’s Comment on our CBAM Post, from Reinhard Quick, Saarland University and Isha Das, University of Passau.

This is a guest post from Reinhard Quick, Saarland University and Isha Das, University of Passau. We would like to thank Aaron Cosbey for his thoughtful comments on our guest post and would like to reply by offering the following comments: 1. Prevention of Carbon Leakage The imposition of CBAMs
Simon Lester 16 Aug 2023 6 min read

Guest Post: American ‘green’ protectionism, industrial decarbonsiation, and transatlantic steel and aluminium negotiations – a response to Todd N. Tucker and Timothy Meyer

This is a guest post by David Kleimann (PhD) - a visiting fellow at the Brussels based Bruegel think tank. He wishes to thank Todd N. Tucker and Timothy Meyer for productive debates in past and future. In July of this year, I published a Bruegel working paper titled ‘Section 232
Simon Lester 13 Aug 2023 14 min read

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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