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A Domestic SPS Dispute

If Florida and California were sovereign states, they might be at the WTO with this: Last week, the Florida Department of Agriculture issued a new regulation requiring all citrus fruit shipped from California to Florida to be inspected, fumigated and certified free of a fungal disease known as Septoria spot.
Simon Lester 12 Dec 2007 1 min read

A Suggestion to Negotiators on Fisheries Subsidies: Insert a Conflict Clause in Annex VIII.

In the new draft SCM, Annex VIII on fisheries Subsidies appears, as indicated by its name, as a simple Annex which is an integral part of the draft SCM by virtue of Article 32.8 of this draft.    This is however a fiction since Annex VIII on fisheries subsidies is
Marc Benitah 12 Dec 2007 1 min read

The Gambling Arbitration Ruling: Coming Soon (Maybe)

I feel like I am repeating myself here, but this is what is being reported: "We feel pretty confident about our case, to be honest. We really feel like we have the upper hand here," Mark Mendel, a private attorney representing Antigua, told Reuters ahead of an expected
Simon Lester 10 Dec 2007 1 min read

Softwood Lumber Hearing Open to the Public

For those in New York, from USTR's web site: The Office of the United States Trade Representative (“USTR”) wishes to inform the public of an opportunity to view a public hearing before the Tribunal considering the arbitration under the 2006 Softwood Lumber Agreement Between the Government of the
Simon Lester 10 Dec 2007 1 min read

USTR Susan Schwab's Views on Carbon Border Measures

From a speech in Indonesia: There has been a great deal of media attention based on statements from those who propose restricting imports based on carbon intensity of production methods. This is the wrong action at wrong time. Restricting imports easily leads to covert protectionism, undermining both environment and economic
Simon Lester 10 Dec 2007 1 min read

WTO Rules and Free Speech

This will be a fun case to watch if it goes anywhere: The California First Amendment Coalition (CFAC), a free speech and government transparency group, has launched an initiative to use international trade laws to force the government of China to end its censorship of the Internet and to remove
Simon Lester 10 Dec 2007 3 min read

More Reaction to the Draft Rules Text

For those in DC: THE AMBASSADOR'S DART BOARD: Responses to the Doha "Rules" Paper Published by Chairman Guillermo Valles Galmés Thursday, December 13, 2007 8:30 – 10:30 A.M. (Registration opens at 8:00 a.m.) The National Press Club 529 14th Street, NW, 13th
Simon Lester 09 Dec 2007 1 min read

International Tribunals Don't Like Zeroing

It's not just the WTO.  Last week, a NAFTA Chapter 19 tribunal that was considering a Department of Commerce AD ruling found zeroing to be impermissible: In sum, on the issue of the permissibility of zeroing, the Panel remands the matter back to Commerce to re-calculate Mittal’
Simon Lester 08 Dec 2007 1 min read

The Zeroing Negotiations: U.S. Industry Reaction

When I read Brazil's reaction to the draft rules on zeroing, and then I come across the following reaction from a U.S. industry group, I start to wonder how a deal will ever get done: The Committee to Support U.S. Trade Laws ("CSUSTL") expressed
Simon Lester 06 Dec 2007 1 min read

Postscript on the Appellate Body Appointments

What Chinese Appellate Body appointee Zhang Yuejiao had to say: "I will do my best with unwavering impartiality," Zhang said Thursday. She will take her seat in June in the seven-member Appellate Body, which issues final rulings in trade disputes. "You can rest assured that I
Simon Lester 06 Dec 2007 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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