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More Trade and the Environment Controversies

We may not have seen the last of the carbon import tax controversy mentioned in the last post, but a more traditional trade/environment conflict is also brewing.  The Independent reports: The [UK] Government has claimed that World Trade Organisation (WTO) rules prevent it from banning the controversial use of
Simon Lester 03 Feb 2007 1 min read

Has Stiglitz Been Talking to Chirac?

Perhaps following the advice of Joe Stiglitz, French President Jacques Chirac is talking about some sort of sanction on countries who are not taking sufficient action to protect the environment: President Jacques Chirac has demanded that the United States sign both the Kyoto climate protocol and a future agreement that
Simon Lester 02 Feb 2007 1 min read

More on the China Subsidies Case

Following-up on Joel's post, here are some details on the U.S. case against Chinese subsidies, gathered from around the web. First, there is USTR's press release, which explains that: Several of the subsidy programs at issue appear to grant export subsidies, which provide incentives
Simon Lester 02 Feb 2007 2 min read

Peking Opera in Washington

The U.S. has begun another dispute settlement proceeding against China--this one over export subsidies implicit in China's tax and other regulations.  Is this intended to help win congressional support for a new limited fast track authority?
Joel Trachtman 02 Feb 2007 1 min read

The Chinese Anti-Monopoly Law: U.S.-China Legal Exchange - DC Presentations

The draft of the first Chinese Anti-Monopoly (AM) Law has recently been submitted to the Standing Committee of the National People’s Congress (NPC) where the draft will be reviewed and commented several times before the final enactment. The current Chinese anti-competition (anti-trust) regime is not comprehensive
Sungjoon Cho 01 Feb 2007 1 min read

ALI Principles of Trade Law Project

Following is the text of a message that I just received from the American Law Institute.  This is an excellent project, and Petros Mavroidis and Henrik Horn are to be congratulated, along with the ALI, for undertaking it. We wish to inform you that the case analyses thus far resulting
Joel Trachtman 01 Feb 2007 1 min read

China Accession and Auto Parts

The WTO Director-General has recently named the panel in the China Auto Parts case.  It appears to be an excellent panel.  It will be chaired by Julio Lacarte, a former Appellate Body member and veteran of at least six GATT or WTO panels.  The other two panelists are Ujal
Charnovitz 31 Jan 2007 1 min read

Race to the top? (again)

Charles Schumer and Michael Bloomberg, in addition to their other many duties, have prepared a report on the future of New York as a financial center.  One of the main thrusts of the report is an attack on the Sarbanes Oxley law, legislated in 2002 as a political response to
Joel Trachtman 31 Jan 2007 1 min read

Social Insurance

There's a nice NY Times profile of Dani Rodrik, highlighting the need for social insurance to promote political support for free trade, at http://www.nytimes.com/2007/01/30/business/worldbusiness/30trade.html?pagewanted=1&_r=1 (login required). Rodrik, Jacob Hacker and others are quoted
Joel Trachtman 29 Jan 2007 1 min read

A View from the Appellate Body Bench

Here's a link to an article, in a publication called Engineering News, about recent appointee AB David Unterhalter.  Among other things, he discussed his goals as an AB Member: But what are his personal ambitions arising from the WTO appointment? “What I would hope, personally, to have achieved
Simon Lester 29 Jan 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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