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Currency undervaluation in practice - Tires from Viet Nam

This afternoon I finally got around to reading the Decision Memorandum underlying the US Commerce Department’s preliminary determination in the US CVD investigation on Tires from Vietnam (C-552-829). This investigation is of course best known for being the first application of the DOC’s new regulations on
Jesse Kreier 08 Nov 2020 2 min read

U.S. Trade Policy After Trump: Some Preliminary Thoughts

The past few days have been quite an experience. I hope everyone was able to get a good night's sleep and is on the way to recovery! The election of Joe Biden as president has implications beyond trade policy, but this blog is about trade, so I'
Simon Lester 08 Nov 2020 5 min read

Making Appellate Review Optional

My last post was about how WTO appellate review could be made optional as a temporary solution in order to unblock Appellate Body appointments (i.e., to convince the U.S. to go along with appointing new AB Members). Here's a drafting suggestion for how to put that
Simon Lester 02 Nov 2020 1 min read

Research assistants sought for major interdisciplinary project based at the University of Melbourne

We are seeking to appoint up to three casual research assistants to support an interdisciplinary Discovery Project funded by the Australian Research Council (ARC): ‘Balancing National Security and Economic Interests in Foreign Investment’. About the project: With the rise of emerging economies such as China and the advent of the
Tania Voon 01 Nov 2020 2 min read

A Proposal from Alan Wolff on WTO Dispute Settlement

This is from a recent speech by WTO DDG Alan Wolff: For dispute settlement, agreement will in the end be needed on a single mechanism to which all who seek to litigate would subscribe.  Any appellate stage must be accountable to the WTO Members as a whole. There are interim
Simon Lester 30 Oct 2020 1 min read

Webinar: The Roadmap to the ASEAN-EU FTA in the Post-Pandemic Era

Webinar: The Roadmap to the ASEAN-EU FTA in the Post-Pandemic Era Singapore Management University School of Law; 3-4 December 2020 The ASEAN-EU relations represent the world’s most important interregional framework. Rising populist protectionism, stalled WTO negotiations and the COVID-19 pandemic have posed challenges to
Simon Lester 30 Oct 2020 1 min read

Call for Papers: Political Legal Theory of International Courts and Tribunals 2021

From PluriCourts: Call for Papers: Political Legal Theory of International Courts and Tribunals 2021. We invite paper proposals for the PluriCourts Annual Workshop on the Political and Legal Theory of International Courts and Tribunals 2021: “The Input and Output Legitimacy of International Courts” to be held via zoom from Oslo,
Simon Lester 30 Oct 2020 1 min read

IAReporter Seeks New Contributors/Analysts

This is from my friend Luke Peterson: Investment Arbitration Reporter is looking for one or more persons to join our team of freelance contributors. IAReporter offers specialized reporting on developments in the field of international investment law. We read and digest legal pleadings and decisions, and we also engage in
Simon Lester 29 Oct 2020 2 min read

More on a Biden U.S. Trade Representative Search

This is from NY Times trade reporter Ana Swanson: For the U.S. trade representative, progressive politicians and trade experts are pushing candidates including Katherine Tai, the chief trade counsel at the House Ways and Means Committee; Michael Wessel, a member of the U.S.-China Economic and Security Review
Simon Lester 29 Oct 2020 1 min read

Enforcing the China Phase One Deal

As I explained here, I am skeptical about the enforcement part of the U.S.-China phase one trade deal. In my view, when one party believes another party is in violation, it really helps to have a neutral dispute settlement process under which a panel can issue a ruling
Simon Lester 27 Oct 2020 2 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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