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Guest Post: PPE and the Costs of Section 301 Tariffs

This is a guest post from Ernesto Hernández-López, Professor of Law at the Dale E. Fowler School of Law, Chapman University. He researches international trade and international law. Just as the United States and China agreed to a truce in tariff retaliations with the Phase One Agreement on February
Simon Lester 26 Aug 2020 3 min read

Guest Post: A Response to Lighthizer on Third Party Adjudication

This is an anonymous guest post that responds to a recent op-ed by U.S. Trade Representative Robert Lighthizer. [Note: Some people’s work means that they prefer to discuss such issues on a non-attributable basis, and there have been many anonymous comments on this blog over the
Simon Lester 25 Aug 2020 4 min read

China and distortions - Bis

As previously reported in this blog, China last month found that non-market economy conditions exist in the US energy and petrochemical sector, and accordingly swapped out US exporters’ costs in calculating the dumping margin for US n-propanal exporters (“The US is now a non-market economy – anti-dumping
Jesse Kreier 21 Aug 2020 1 min read

DSU Article 11 and Appellate Review: Past, Present, and Future

DSU Article 11 provides the following: Article 11: Function of Panels The function of panels is to assist the DSB in discharging its responsibilities under this Understanding and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the
Simon Lester 16 Aug 2020 9 min read

Renovating the International Architecture for Economic Growth and Social Justice

Renovating the International Architecture for Economic Growth and Social Justice Steve Charnovitz 6 August 2020 One of the enduring lessons of the past 150 years is the value added from international rules and transnational mimesis.  National (and subnational) governments are the primary providers of public regulation and public goods, but
Charnovitz 06 Aug 2020 4 min read

ISDS in a U.S.-Kenya FTA

It's one thing not to have ISDS in a U.S.-UK FTA, but what about in a U.S. FTA with Kenya? Investment in developing countries is what people who worry about risks associated with foreign investment seem to worry most about. This came up recently at
Simon Lester 06 Aug 2020 2 min read

USTR Is Hiring People for USMCA Labor and Environment Enforcement

This is a question from Senator Grassley to U.S. Trade Rep. Lighthizer at the Senate Finance Committee Hearing on The President’s 2020 Trade Policy Agenda, from June 17, 2020: In the USMCA implementing bill, Congress provided USTR a significant increase in funding. We must continue to assess the
Simon Lester 06 Aug 2020 1 min read

The MPIA Pool of Arbitrators Has Been Announced

Here: ... the Multi-Party Interim Appeal Arbitration Arrangement pursuant to Article 25 of the DSU is composed of the following persons: • Mr Mateo Diego-Fernández ANDRADE • Mr Thomas COTTIER • Ms Locknie HSU • Ms Valerie HUGHES • Mr Alejandro JARA • Mr José Alfredo Graça LIMA • Ms Claudia OROZCO • Mr Joost PAUWELYN • Ms
Simon Lester 03 Aug 2020 1 min read

Guest Post: Appointing Appellate Body Members by Majority would Undermine, Not Preserve the Rule of Law

This is a guest post from law professor Geraldo Vidigal: I just had an exchange with Henry Gao on his post below and thought it could be useful to develop on the issue here. Gao argues that the WTO Ministerial Conference should move to appoint a WTO Director-General by
Simon Lester 31 Jul 2020 5 min read

What Exactly Did Biden Say About ISDS?

A couple days ago, I posted about Biden's responses to trade questions from the United Steelworkers. Here's what he said about ISDS: I don't believe that corporations should get special tribunals that are not available to other organizations. I oppose the ability of private
Simon Lester 30 Jul 2020 2 min read

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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

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

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