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The Labor Provisions in the EU-China Comprehensive Agreement on Investment

The EU has published a number of parts of the text of the EU-China Comprehensive Agreement on Investment (CAI) here. The "Investment and Sustainable Development" section is here. This is the substantive language on labor rights: Sub-Section 3 – Investment and Labour Article 1: Right to regulate
Simon Lester 22 Jan 2021 4 min read

Two Upcoming Online Events: The WTO Panel Process, and U.S. Trade Policy in the Biden Administration

I'll be the moderator for two online events next week, one hosted by ASIL/IIEL on the WTO panel process, and the other hosted by SIEL on U.S. trade policy under the Biden administration. Here are the details and links: ASIL/IIEL - Rethinking the WTO Panel Process
Simon Lester 21 Jan 2021 1 min read

The Trump/Lighthizer Legacy on Trade

With the Trump administration now finished, we are in the period where people will be spinning Trump's time in office into the narrative they want to create. On trade policy, Trump's U.S. Trade Representative Robert Lighthizer spent some of his final weeks in office trying
Simon Lester 20 Jan 2021 9 min read

Americans on the WTO Indicative List of Panelists

Back in April of 2017, I said this: while the indicative list of panelists does not have much correlation to people who actually serve as panelists, a former intern of mine named Christina Woo put together this cool table of Americans on the indicative list since the GATT era. The
Simon Lester 13 Jan 2021 1 min read

Trade Policy and Race/Ethnicity

There was some Twitter discussion last week of a new paper from Global Trade Watch called "Trade Discrimination: The Disproportionate, Underreported Damage to U.S. Black and Latino Workers From U.S. Trade Policies." I can see how it would be useful to study the impact of U.
Simon Lester 12 Jan 2021 3 min read

FTA safeguard exclusion clauses . Do they bite?

In a recent post discussing the NAFTA/USMCA provision relating to conditional exclusion of FTA partners from global safeguards under the WTO, I stated that "this type of exclusion is unique to a handful of US FTAs". Count on Amy Porges to catch me in a gross error.
Jesse Kreier 10 Jan 2021 2 min read

US Solar Safeguard: How much discretion is too much?

Yesterday Canada requested consultations under USMCA regarding the “imposition and ongoing application” to Canada of the US safeguard measure on solar measures. Canada argues that the application of the safeguard to Canada violates the US obligation to exclude USMCA Parties from the scope of the safeguard unless imports from that
Jesse Kreier 08 Jan 2021 3 min read

Guest Post from the European Commission: Candidates for adjudicators in EU trade agreements

This is from Colin Brown of the European Commission: Candidates for adjudicators in EU trade agreements On 18 December 2020 the European Commission and the EU’s Member States initiated a call for candidates to be appointed as adjudicators in EU trade agreements. The aim is to establish a pool
Simon Lester 05 Jan 2021 1 min read

Jake Sullivan on the Biden Administration's Trade Policy Towards China and Towards Allies

Joe Biden's choice for National Security Adviser is Jake Sullivan. Sullivan was on Fareed Zakaria's TV show yesterday, and they had the following exchange: ZAKARIA: ... Jake, one of the things that Joe Biden said on the campaign trail often and forcefully was that Donald Trump'
Simon Lester 04 Jan 2021 6 min read

Enforcement of subsidy provisions in the EU-UK TCA

The EU-UK TCA is here, and it has extensive provisions on subsidies.  It is fair to say, I think, that these are the most detailed rules on subsidies to be found in any FTA negotiated to date, which is not surprising, given that they replace the EU’s state
Jesse Kreier 30 Dec 2020 3 min read

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Featured

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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