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Manufacturing and Trade Balances

Recently, I tweeted this about the trade balance: Ro Khanna's Twitter bio says "Trade surplus again." I wish people would think more deeply about the trade balance. Here are some good pieces to read: https://cato.org/blog/trade-deficit-disorder… https://cato.org/testimony/americas-
Simon Lester 12 Feb 2023 5 min read

New Paper on "The Extension of Legal Precedent": How Much Reliance on Precedent Is Too Much?

Precedent in trade law is a hot topic these days. Jeffrey Kucik, Lauren Peritz, and Sergio Puig have a new article out called "Legalization and Compliance: How Judicial Activity Undercuts the Global Trade Regime." This is the abstract: The crisis facing the World Trade Organization illustrates the trade-
Simon Lester 08 Feb 2023 3 min read

U.S. Views on MPIA Arbitrators' Consideration of AD Agreement Legal Standard of Review

At last Friday's DSB meeting, the U.S. had some positive things to say about how the MPIA arbitrators in the Colombia - Frozen Fries dispute handled the issue of the AD Agreement Article 17.6(ii) legal standard of review: - The United States intervenes to comment on the
Simon Lester 01 Feb 2023 3 min read

The Curious Case of US Self-Judging, Part 2

Last Friday, the United States appealed the US-Origin Marking Requirement (DS597) and the US-Steel and Aluminium Products (DS544,552, 556, 564) reports. With the appeal came news that the US would lead an effort to draft an authoritative interpretation of GATT Article XXI. This U.S. administration will
Mona Paulsen 30 Jan 2023 9 min read

National Security Disputes, Non-Violation Nullification or Impairment, and Authoritative Interpretations

At today's DSB meeting, in the context of the consideration of the U.S. - Steel/Aluminum and U.S. Origin Marking panel reports, the U.S. offered the following explanation of why it was appealing the reports into the void, as well as some broader steps it might
Simon Lester 27 Jan 2023 5 min read

Expanding US Free Trade Agreements in Pursuit of Clean Energy and Trade Justice

Expanding US Free Trade Agreements in Pursuit of Clean Energy and Trade Justice Steve Charnovitz 26 January 2023 In 2022, the United States (US) Congress passed yet another statute (US Public Law 117–169) violating the law of the World Trade Organization (WTO). One provision of that statute has received
Charnovitz 26 Jan 2023 3 min read

The Risks and Economic Consequences of Inefficiency

Here is something U.S. Trade Rep. Katherine Tai said at a World Economic Forum event last week: So I think that whether it's in the world of goods trade, or services trade, or digital trade, part of what we are struggling with right now at this inflection
Simon Lester 22 Jan 2023 3 min read

Call for Abstracts: European Yearbook of International Economic Law (EYIEL)

This is from the editors of the European Yearbook of International Economic Law: The editors of the European Yearbook of International Economic Law (EYIEL) welcome abstracts from scholars and practitioners at all stages of their career for the EYIEL 2023. This year’s focus section will be on European and
Inu Manak 18 Jan 2023 1 min read

SIEL Call for Papers, Posters and Panels: Deadline Extended: 1 February 2023

This is from the SIEL: Please note that we have extended the deadline for the submission of paper, panel and poster proposals for SIEL 2023 until 1 February 2023. You can find the revised Call for Papers, Panels and Posters here.
Simon Lester 13 Jan 2023 1 min read

USMCA Panel Report Circulated in Auto ROO Dispute

The panel report in the USMCA Chapter 31 auto rules of origin dispute was circulated today (our WorldTradeLaw.net Chapter 31 panel reports page is here). Based on a quick skim, the panel's findings seemed reasonable to me, but I may come back to this after having looked
Simon Lester 11 Jan 2023 1 min read

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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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