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Multilateral Currency Rules

In a comment on one of Sungjoon's recent posts, I said the following in response to an earlier comment: ... while a WTO agreement on currencies would be difficult, I think some rules could be worked out on what constitutes "manipulation" or "misalignment." As to
Simon Lester 26 Jun 2007 1 min read

"You Shall not Make the Case for the Complaining (or defending) Party": A Constant Double Bind for WTO Panels Faced with a Hesitant Jurisprudence

A disturbing and recurring theme in WTO Panel proceedings is the accusation that panelists are "making the case" for one of the parties. This is a serious accusation and panelists try to avoid it by repeating the mantra that they are aware of their limits. This mantra however
Marc Benitah 24 Jun 2007 2 min read

Brazil–Tyres: Breaking New Ground in Chapeau Interpretation

In an earlier post, Joel and Simon commented on the importance of the Panel decision in the Brazil–Tyres case and indicated that there would be much more to discuss, especially how the Panel treated Brazil’s obligation under Mercosur. Here are some of my thoughts to share. I believe
Julia Qin 23 Jun 2007 5 min read

The Gambling Case: Suspension and Compensation

While the WTO negotiations flounder, the WTO dispute process carries on.  Antigua's DSU Article 22.2 suspension request in the Gambling case is now available.  In it, Antigua requests authorization to suspend concessions and obligations in the amount of US$3.443 billion per year to match the
Simon Lester 22 Jun 2007 1 min read

Quo Vadis the Doha Round?

To one’s (yet another) disappointment on the Doha round talks, the Fantastic 4 (the U.S., the EU, Brazil, and India) failed to hammer out a framework deal in Potsdam, Germany yesterday. Such a deal was badly needed to complete the negotiation by the end of this year. It
Sungjoon Cho 22 Jun 2007 1 min read

Appellate Body Turnover

According to the summary of the latest DSB meeting: The DSB agreed on the process for selecting Appellate Body members to replace four current members whose terms of office expire in December 2007 and May 2008. ... The DSB set a deadline of 31 August 2007 for members to nominate candidates
Simon Lester 22 Jun 2007 1 min read

China’s Response to the IMF’s Response in the Currency Debate

China’s central bank (People’s Bank of China) reacted to the IMF’s recent new surveillance mechanism allegedly targeted for China’s currency intervention (or manipulation, if you like). China emphasized that any solution for this problem should be based on “mutual understanding and respect” rather than being imposed.
Sungjoon Cho 21 Jun 2007 1 min read

RIP Doha (or, It's Always Darkest Just Before the Dawn?)

Choose the title you like.  Here is today's statement from the U.S.: Postdam, Germany- Statement from USTR Ambassador Susan C. Schwab and USDA Secretary Mike Johanns on Doha Round: The United States is deeply disappointed with the outcome of this week’s negotiations. For the past six
Joel Trachtman 21 Jun 2007 1 min read

China's Selective Export Tax Rebate

China has announced that it will cut back on rebates of its export tax (which is designed to replicate its value added tax).  Rebates of indirect taxes are OK under WTO law (see item (g) of the Illustrative List in Annex 1 of the SCM Agreement), but it would seem
Joel Trachtman 20 Jun 2007 1 min read

Extra! Extra! Canadian Periodicals Delivered Here

The NAFTA Chapter 11 arbitral award on UPS v. Canada is out. Of particular interest is the difference of opinion on the relation between Canada's "Publications Assistance Program" and the Cultural Industries exception of Article 2106 NAFTA (Tribunal majority: it's a carve out, and
Tomer Broude 19 Jun 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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