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International Trade Law Norms and the Ethics of Covid-19 Vaccine Distribution

International Trade Law Norms and the Ethics of Covid-19 Vaccine Distribution Steve Charnovitz 21 September 2020 One of the enduring contributions of international trade law is the idea that developing countries, especially the least developed countries, should receive affirmative action from the trading system.  According to the WTO Secretariat,
Charnovitz 21 Sep 2020 3 min read

What Would Biden Do About China's Trade Practices?

This is from a CNN Town Hall last week: GARRY HARTMAN, BUSINESSMAN: Vice President Biden, Cheetah Chassis is located in Berwick, Pennsylvania, where we produce intermodal container chassis. We're a small family-owned business that is facing unfair trade container chassis imports from, we'll call, a
Simon Lester 21 Sep 2020 1 min read

Webinar — Investment Protection under the New NAFTA: Problems and Prospects

If you are not webinar'd out at this point, and if you can remember the USMCA, which seems like ages ago, here are the details on a Webinar I'll be participating in this Thursday with the Baker Institute at Rice University: At this webinar — the second
Simon Lester 21 Sep 2020 1 min read

The Elephant in the Room: The Missing Claim in DS543

The outcome of the Panel decision in the case of Section 301 Tariffs against China (DS543) is unsurprising - few would have expected that the United States could successfully invoke the public moral exception under GATT XX(a) to justify its Section 301 tariffs. But the Panel Report does contain some
Julia Qin 18 Sep 2020 3 min read

Panel Report on Section 301 Tariffs Against China (DS543)

The panel report in United States - Tariff Measures on Certain Goods from China (DS543) was circulated today. There are some big picture issues related to the dispute (e.g., will the U.S. appeal it into the void?), but I want to focus on an obscure interpretive point related to
Simon Lester 15 Sep 2020 2 min read

If Everything Is Industrial Policy, Is Anything Industrial Policy?

Law professor Ganesh Sitaraman has a piece arguing in favor of an industrial policy for the United States. He laments that "[o]ver time, industrial policy ultimately became the Lord Voldemort of economics, so evil and dangerous that it must not be named," and he wants to make
Simon Lester 15 Sep 2020 3 min read

Joe Biden on NAFTA/China/Trade in General

This is from an interview with CNN's Jake Tapper that aired yesterday: TAPPER: Don't you think that one of the reasons why President Trump has been able to appeal to the blue-collar workers that you talk about is because of his message on trade? And
Simon Lester 11 Sep 2020 7 min read

Rethinking ISDS: Australia vs. UNCITRAL

Back in May, UNCITRAL published a Note by the Secretariat on "Resources to implement the work programme with respect to investor-State dispute settlement (ISDS) reform." I was surprised to read this part: 24. Under the current pattern of meetings, Working Group III meets twice a year for
Simon Lester 11 Sep 2020 2 min read

Is Lighthizer a Protectionist?

Someone asked him that question at a recent event and here's what he said (starts around 45:30) Q: “Are you a protectionist?” A: “Well, you see, that’s interesting. So, what actually does that mean? That’s why when I started out I sort of said, and
Simon Lester 11 Sep 2020 2 min read

Webinar on Transnational Subsidies

There has been substantial discussion of transnational subsidies on the pages of this blog over the past few months. Now, the Indian Institute of Foreign Trade is organizing a Webinar on the topic, entitled "Cross-border Subsidies and the WTO" on 9 September from 5:30 to 7:
Jesse Kreier 05 Sep 2020 1 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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