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Questions about the 1982 Decision and Article XXI of the GATT

In 1982, the contracting parties adopted a Ministerial Declaration to take seriously the consideration of 'non-economic' trade measures. On 30 November 1982, the contracting parties adopted the Decision Concerning Article XXI of the General Agreement (the 1982 Decision) which set out some basic procedural guidelines for the application
Mona Paulsen 10 Mar 2022 1 min read

House Approves Russian Energy Ban and Push for Russian WTO Suspension, But No U.S. MFN Withdrawal for Russia Yet

Late last night, the House passed a bill that would suspend Russian energy imports, but the bill had a proposed MFN withdrawal provision taken out (at the request of the White House apparently, although the reasons for this are not completely clear to me, as I've heard competing
Simon Lester 10 Mar 2022 2 min read

Ukraine and Russia at the WTO

Thanks to Bryce Baschuk of Bloomberg, who posted the documents on Twitter, we have a letter written by Ukraine to the Chair of the WTO General Council regarding cutting of trade with Russia, and a letter Russia wrote in response. It's the trade response of other countries to
Simon Lester 08 Mar 2022 3 min read

Fixing the WTO Dispute Settlement Crisis Requires U.S. Reform Proposals

Here's an excerpt from a short piece I wrote for IISD Trade and Sustainability Review about the WTO dispute settlement crisis: ... the key here, regardless of whether it is the Appellate Body specifically or dispute settlement more generally [that the U.S. is concerned with], is to make
Simon Lester 06 Mar 2022 1 min read

Senators Brown and Cassidy Introduce No Most Favored Nation Trading with Russia Act

U.S. Senators Sherrod Brown (D-OH) and Bill Cassidy (R-LA) have introduced the No Most Favored Nation Trading with Russia Act "to revoke Russia’s most-favored-nation status." The full text is here (and here). It is mostly identical to the Blumenauer/Doggett bill discussed here, so no need
Simon Lester 03 Mar 2022 1 min read

Canada Revokes MFN Status of Russia and Belarus

Legislating and regulating seems much easier in parliamentary systems. As the U.S. starts considering the competing Russia MFN withdrawal bills I've been discussing the past couple of days, Canada just went ahead and withdrew the MFN status of Russia and Belarus. This is what Deputy Prime Minister
Simon Lester 03 Mar 2022 2 min read

Ukraine Invokes National Security Exceptions at WTO: Complete Embargo and WTO Agreements No Longer Applied to Russia

Ukraine has sent a letter to the Chairman of the WTO's General Council, in which it says it will "impose a complete economic embargo and no longer apply the WTO agreements in its relations with the Russian Federation": On 24 February 2022 the Russian Federation committed
Simon Lester 03 Mar 2022 1 min read

Two Views on What To Do about Russia at the WTO

Jim Bacchus, writing in the WSJ, is pushing for expulsion: No specific WTO provision relates to expelling a member. Expulsion would be possible under Article X of the WTO agreement, however, if two-thirds of the WTO’s current 164 members vote to alter the agreement. If Russia were to refuse
Simon Lester 03 Mar 2022 1 min read

Senator Wyden's “No Most Favored Nation Trading With Russia Act”

Senate Finance Committee Chair Ron Wyden (D-OR) has introduced the No Most Favored Nation Trading with Russia Act. According to the press release, the bill "revokes Russia’s Permanent Normal Trade Relations (PNTR) status and provides the president the power to raise tariffs on a host of Russian products.
Simon Lester 02 Mar 2022 1 min read

The Portman/Cardin Russia (and Others) NTR Withdrawal Trade Bill

Following up on Senator Portman's speech discussed here, Senators Portman and Cardin have introduced bipartisan legislation "to revoke free trade privileges from Russia and other countries that invade sovereign nations." They explain that "[t]he No Trading with Invaders Act would automatically revoke Permanent Normal
Simon Lester 02 Mar 2022 4 min read

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How Should the U.S. Respond To China's Non-Market Practices?

In an interview last week, Treasury Secretary Scott Bessent talked about the Trump administration's response to China's non-market practices. Part of this response, as he presents it, has been for the U.S. to pursue a specific version of state-led industrial policy as a defensive measure.
20 Oct 2025 5 min read

Guest Post: Too Big To Fail: The EU Steel Industry, Article XXVIII of the GATT 1994 and the EU’s Free Trade Agreements

This is a guest post by trade lawyer Victor Crochet and law professor Weihuan Zhou Steel has long been a contentious topic in international trade, in part because of the numerous jobs it creates and its relevance to downstream industries including those related to national defense. In the European Union
13 Oct 2025 8 min read

Beware the "Securitization" of Trade Policy

In recent years, U.S. trade policy has seen a creeping takeover by "security" concerns. The precise scope of these concerns is unclear, but they appear to cover both the traditional aspects of military-related security as well as the vague and amorphous concept of "economic security."
06 Oct 2025 4 min read

Stephen Miran on Tariffs and National Savings

In a speech earlier this week, Stephen Miran, who had been the Chair of the Council of Economic Advisers and is now a member of the Federal Reserve Board, made his case for a looser monetary policy. One aspect of his argument was that he thinks national savings will be
24 Sep 2025 4 min read

A GOP Tariff Working Group and Post-Trump U.S. Trade Politics

The Hill reported last week that a handful of pro-trade Republicans in Congress used some leverage during a vote about voting on tariffs – it's complicated, check out the details at the link for more! – to get a Republican working group on tariffs established: And [Tom] McClintock [R-CA] said
21 Sep 2025 4 min read

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