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The Australia-EU FTA Data Flows Obligations and Exceptions

The digital trade chapter of the Australia-EU FTA text is a new data point in looking out how governments are crafting data flow provisions and exceptions, as part of an effort to constrain domestic regulations while still providing the space to pursue legitimate public policies.
Simon Lester 22 Apr 2026 4 min read

Scrutinizing and Monitoring Trade Remedies, at the WTO and by Governments

With all the new directions in tariff imposition that have taken place in recent years here in the U.S., traditional trade remedies have been overshadowed to some extent. But they haven't gone away, and in fact are as widely used as ever, both in the U.S. and in other countries.
Simon Lester 20 Apr 2026 2 min read

Congress Should Push for Transparency in the Enforcement of the New U.S. Trade Deals

U.S. Trade Rep. Jamieson Greer is scheduled to testify tomorrow before a House Subcommittee, with a focus on the USTR budget but if I recall correctly from past experience any topic can be raised at these budget hearings (and I would think he will testify soon on the President&
Simon Lester 15 Apr 2026 2 min read

War Tariffs

This is a co-authored post by Kathleen Claussen and Tim Meyer. Last week, President Trump announced that the United States would be imposing new tariffs of 50 percent of the value of any product coming from any country that sells weapons or provides military aid to Iran. Some commentators
Kathleen Claussen 14 Apr 2026 5 min read

Jamieson Greer on Not Getting Fooled by Discriminatory EU Tech Regulations

At a Hudson Institute event earlier this week, U.S. Trade Rep. Jamieson Greer had the following exchange with Peter Rough of Hudson on EU digital regulations: Rough: The joint statement last August with the Europeans filling out the Turnberry agreement that the President struck with Commission President von der
Simon Lester 10 Apr 2026 5 min read

USMCA Review and Extension Predictions

When the idea of an expiration clause was suggested during the NAFTA renegotiation, I was against it from the start, and Inu and I wrote a pretty critical piece about it at the time. A review is great, we said, let's definitely have reviews, and there are plenty of ways to do that.
Simon Lester 08 Apr 2026 5 min read

The Future of the TRIPS Agreement Non-Violation / Situation Complaint Moratorium

One of the things that didn't get done at MC14 was the adoption of a Ministerial Decision to extend the moratorium on TRIPS Agreement non-violation and situation complaints. As explained by the WTO DG, this issue will now be part of the continued work in Geneva.
Simon Lester 07 Apr 2026 6 min read

It’s the End of the World (TO) as We Know it

Revealed Preferences Matter China, the EU (European Union), and the U.S. have in recent weeks all tabled in writing their views regarding the future of the WTO.[1] The end result should leave no one in doubt that coordination costs between the three dominant players in the trading sphere
Petros C. Mavroidis 06 Apr 2026 6 min read

Entrusting FTA Panel Assistance To an "External Body"

I was intrigued by a provision in the dispute settlement chapter of the recently released Australia-EU FTA text that contemplates administrative and legal support to a panel being provided by an "external body" rather than through the ad hoc arrangements that FTAs tend to use
Simon Lester 02 Apr 2026 2 min read

Guest Post: Carbon Borders Without Differentiation: Why India's Challenge Tests the European Union’s Climate Diplomacy

This is a guest post from Bhavya Johari, a Lecturer at Jindal Global Law School, O.P. Jindal Global University As the European Union's Carbon Border Adjustment Mechanism (CBAM) enters its definitive phase, India confronts a fundamental challenge to differentiated responsibility under the Paris Agreement. With default values
Simon Lester 31 Mar 2026 5 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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