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The Shadows of WTO Irrelevance

The Shadows of WTO Irrelevance Steve Charnovitz 14 December 2020 On 10 December 2020, WTO Deputy Director-General Alan Wolff gave a thoughtful presentation entitled “The WTO must not continue as it is.”  In his speech, DDG Wolff warns that “if the WTO does not engage fully with environmental issues, with
Charnovitz 14 Dec 2020 2 min read

Guest Post: Leveraging Capacity Building and Technology Transfer under TRIPS for Online Teaching in Africa

This is a guest post by Susan Isiko Štrba of International Lawyers and Economists for Development: COVID-19 caused a number of learning institutions, especially in the developing world, to come to a stand still. On the other hand, developing countries faithfully domesticated international Intellectual Property (IP) standards in an effort
Simon Lester 14 Dec 2020 6 min read

"WTO cases" in FTA fora: will it be a thing?

How quickly things change. Just a few years ago some trade lawyers were proposing that FTAs refer their disputes to the WTO DS mechanism. Now, it seems that there is a new trend – addressing what are in effect WTO disputes through FTA dispute settlement. This week, an Arbitration Panel under
Jesse Kreier 13 Dec 2020 2 min read

The Official Announcement of Biden's Nomination of Katherine Tai

Here was President-Elect Biden's introduction of Katherine Tai as his nominee for U.S. Trade Representative (starts at 14:42): For the United States Trade Representative, I nominate Katherine Tai, a trusted trade expert, a dedicated public servant who knows government, and who has spent her career levelling
Simon Lester 11 Dec 2020 4 min read

UK FTAs - EU content and rules of origin

When RCEP came out, analysts emphasized the importance of cumulation rules.  While many of the RCEP countries had FTAs among themselves, binding all those FTAs into a single mega-regional meant that all RCEP content would be counted for origin purposes, and this would allow products with complex RCEP value chains
Jesse Kreier 11 Dec 2020 2 min read

Katherine Tai Will Be the Next U.S. Trade Representative

Reports indicate that Katherine Tai, Chief Trade Counsel for the House Ways and Means Committee, is Biden's choice for U.S. Trade Representative. About a month ago, I wrote the following: the job of the next U.S. Trade Representative will be a serious challenge. The person who
Simon Lester 09 Dec 2020 1 min read

The First USMCA Complaint

The first USMCA consultations request is here. Not surprisingly, it relates to Canadian dairy TRQs, a frequent source of trade irritation. Is there a violation? I have no idea! Some of the issues seem factual in nature. For example, there is a claim under this provision: 11. A Party administering
Simon Lester 09 Dec 2020 1 min read

China-US Dialogues in the Biden Administration

China-US Dialogues in the Biden Administration 7 December 2020 An article by Brett Fortnam in Inside US Trade reports on a speech given today by China's Foreign Minister Wang Yi to the US-China Business Council.  Based on this report, I believe that Minister Wang is giving good advice
Charnovitz 07 Dec 2020 1 min read

Specificity in DOC Currency Undervaluation Findings

A couple weeks ago, Jesse Kreier wrote about the Commerce Department's decision to treat currency undervaluation as a countervailable subsidy in a case against tires from Viet Nam. As he explained it, one aspect of the Commerce Department's reasoning was related to the specificity of the
Simon Lester 02 Dec 2020 3 min read

China - Preliminary AD Determination on Australian Wine

Co-authored with Sandeep Chandy The growing trade tensions between China and Australia have been widely reported in the press. In a recent manifestation of these tensions, China last Friday issued an affirmative preliminary determination regarding alleged dumping of wine from Australia, and imposed provisional duties of between 107.1% to
Jesse Kreier 02 Dec 2020 1 min read

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The Section 301 Excess Capacity Investigation Needs Less Madness, More Method

Shortly after the Supreme Court ruled President Trump’s emergency tariffs under IEEPA  unconstitutional, the administration scrambled to rebuild its tariff wall. While the announcement of Section 122 tariffs immediately following the ruling will provide a temporary patch, the U.S. Trade Representative’s office quickly began to utilize another
24 Apr 2026 6 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 questioned
14 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.
08 Apr 2026 5 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.
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."
12 Mar 2026 3 min read

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