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More on the Regulatory Clash of Titans

In its Archer Daniels Midland decision yesterday, C-397/03 P,on appeal from the Court of First Instance, the ECJ decided that there is no obligation on regulators to avoid "double-fining": 50     Next, referring to paragraph 11 of Wilhelm and Others, the Court of First Instance
Joel Trachtman 19 May 2006 1 min read

China-Australia FTA Immigration

Today's WSJ reports that within the context of its FTA negotiations with Australia, China is negotiating for commitments regarding market access for unskilled labor.  This may be understood as the bilateralization of current Mode 4 negotiations in the WTO GATS.  The U.S. has addressed labor market access
Joel Trachtman 18 May 2006 1 min read

History Recommences in Ecuador

As much of Latin America moves to the left (albeit in varied ways), the latest action is in Ecuador.  The government has purported to cancel its contract with U.S. multinational Occidental Petroleum in response to an alleged breach by Occidental.  The USTR has said this appears to constitute a
Joel Trachtman 17 May 2006 1 min read

Closing Softwood Loopholes?

Inside U.S. Trade reports that part of the softwood lumber settlement requires the U.S. and Canada to suspend the application of NAFTA Chapter 11 (the investment chapter, giving private rights to investors).  Apparently the idea is that two parties (the U.S. and Canada) can suspend this part
Joel Trachtman 15 May 2006 1 min read

Good Morning, Vietnam

Today's WSJ reports that Vietnam has finally reached a bilateral agreement with the U.S., its largest export market.  This agreement should pave the way for Vietnam's accession to the WTO, as Vietnam's bilateral negotiations are incorporated in a protocol of accession.  It will
Joel Trachtman 15 May 2006 1 min read

The (Regulatory) Clash of Titans?

There has been a growing tenstion between the U.S. and the EU over their diverging regulatory stances over various issues, such as GM food, which have negatively affected the transatlantic trade. This tenstion is likely only to be intensified as the EU is enlarged. See Washington bridles at EU
Sungjoon Cho 12 May 2006 1 min read

Justice and Growth

I've been attending a conference at the Kennedy School at Harvard on Equality in the New Global Order.  Most of the other attendees are philosophers, with a few economists and a couple of lawyers.  Dani Rodrik spoke yesterday, focusing on growth.  His main argument, as is well known,
Joel Trachtman 12 May 2006 1 min read

Export Restrictions: The Missing Disciplines

A student of mine has just submitted an interesting paper on the economic effects of, and legal disciplines on, export restrictions.  The case he has in mind is Chinese coke.  It appears that export restrictions have trade distorting effects symmetric with import restrictions. Of course, export prohibitions are illegal under
Joel Trachtman 09 May 2006 1 min read

Blog, Blog, Blog

Remember "Bob Loblaw's Law Blog?"  Well, there was a real world conference about blog scholarship last week at Harvard Law School.  For blogs about it, see Ian Best's site.
Joel Trachtman 08 May 2006 1 min read

The perfect exam question

Comes to us from Chicago, via Joseph Epstein in today's WSJ.  The city of Chicago has banned foie gras.  Epstein writes: "A Chicago alderman named Joe Moore, who sponsored the ban on foie gras, after its passage declared that it sends "a powerful message that we
Joel Trachtman 08 May 2006 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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