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European Parliament Cites GATT Article XXI as Justification for Trade Deal with U.S.

Last year, I raised the issue of how the security concerns of certain governments were a crucial factor in their trade negotiations with the U.S., with the Ukraine war and the U.S.-EU trade negotiations as my focus.
Simon Lester 29 Mar 2026 3 min read

Guest Post: Are We One Step Away from a Ministerial Decision to Incorporate the IFD Agreement into Annex 4?

This is a guest post from Antoine Comont (University of Bordeaux, Laval Universiy). Adopted the 13th February 2024, the Investment Facilitation for Development Agreement (IFDA) was the subject of a draft decision for incorporation into Annex 4 of the WTO Agreement at the 13th Ministerial Conference (MC13) in Abu Dhabi.
Simon Lester 26 Mar 2026 4 min read

What Value Does the U.S. See In an E-Commerce Duty Moratorium in the Absence of Effective Enforcement through the DSU?

One of the big issues the U.S. is pushing at MC14 is a permanent extension of the WTO's moratorium on customs duties on electronic transmissions. In a recent statement at a General Council meeting related to preparations for MC14, the U.S. said: Intervention on the Moratorium
Simon Lester 25 Mar 2026 3 min read

The Trump and Biden Administrations' Proposals on the WTO Security Exceptions

In a communication posted on the WTO website yesterday, entitled "Further Perspectives on WTO Reform," the U.S. calls for an authoritative interpretation of the WTO security exceptions to make clear that "[i]n any dispute in which a Member invokes the essential security exception, a WTO
Simon Lester 24 Mar 2026 3 min read

NAFTA and Mortality

There's a recent economics working paper called "Trading Goods For Lives: NAFTA’s Mortality Impacts And Implications" that is getting some attention. The NY Times did a piece on it under the headline "‘A Lot of Life Years Lost’: How NAFTA Shortened American Life Spans.
Simon Lester 23 Mar 2026 3 min read

NCITD International Trade Scholarship Program

This is from the National Council on International Trade Development (NCITD): The National Council on International Trade Development (NCITD) is proud to continue its longstanding scholarship program supporting students pursuing careers in international trade. Each year, NCITD awards scholarships to outstanding undergraduate and graduate students enrolled at accredited U.S.
Simon Lester 20 Mar 2026 1 min read

Comparing the Digital Trade Provisions in the New U.S. Trade Deals

My series of posts comparing specific provisions across the Trump administration's Agreements on Reciprocal Trade got interrupted, but let me get back to it now, with a focus on certain digital trade provisions in the nine agreements for which we now have the full legal text.
Simon Lester 18 Mar 2026 6 min read

My Top Three Suggestions for WTO Complaints against Chinese Non-Market Policies and Practices

In an exchange today at a House Ways and Means Committee Trade Subcommittee hearing, Rep. Jodey Arrington (R-TX) and trade lawyer Kelly Ann Shaw expressed skepticism about the possibility of WTO rules being used to address various Chinese non-market policies and practices.
Simon Lester 17 Mar 2026 3 min read

The Section 301 Surge Continues: Investigating the Adoption/Enforcement/Administration of Forced Labor Import Bans

This Section 301 investigation intends to pressure all sixty named trade partners (even, inexplicably, including Canada and Mexico) to adopt similar enforcement procedures. This announcement is highly problematic for the four reasons I address below.
Desiree LeClercq 16 Mar 2026 4 min read

The Section 301 Surge Is Upon Us: Investigating Excess Capacity and Production

The first of a large batch of expected Section 301 investigations has arrived, as USTR announced yesterday that it was initiating investigations on acts, policies, and practices of various countries/economies "relating to structural excess capacity and production in manufacturing sectors."
Simon Lester 12 Mar 2026 3 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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