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Guest Post: Transnational subsidies II (continued) – WTO concerns over the EU’s Foreign Subsidies White Paper

This is a guest post is from Victor Crochet and Marcus Gustafsson, trade lawyers with Van Bael & Bellis Cross-border subsidies have become a growing source of concern as states increasingly ‘globalize’ the use of subsidies for their commercial or wider strategic advantage. On 17 June 2020, the European
Simon Lester 05 Jul 2020 4 min read

The USMCA Chapter 31 Dispute Settlement Roster Is Set

The roster of panelists for USMCA Chapter 31 state-state dispute settlement is out (the list of rapid response labor panelists for the Canada-Mexico mechanism is here, and for the U.S.-Mexico mechanism is here). Recall that the absence of a roster under NAFTA appears to have been
Simon Lester 03 Jul 2020 4 min read

More from the U.S. on DSU Article 11

At the June 29 DSB meeting, in the context of discussing the Australia - Plain Packaging AB report, the U.S. made the following comment on DSU Article 11 appeals: As the United States has explained, and Members know well, Article 17.6 of the DSU limits an appeal “to issues
Simon Lester 30 Jun 2020 3 min read

Case Studies in Chinese Economic Pressure

Recently, a trade economist asked me if I had come across a list of instances where the Chinese government had put economic pressure on another government in relation to a non-trade issue. I hadn't seen anything, but it seemed worth digging into, so I put an excellent
Simon Lester 28 Jun 2020 1 min read

Insights on Vanadium and US Trade Policy

Here is my submission to the US Department of Commerce, Section 232 Vanadium Investigation, Docket No. BIS­–2020–0002 Prof. Steve Charnovitz George Washington University 26 June 2020 In Section 232 of the Trade Expansion Act of 1962, the US Congress delegated authority to the President to require Trade Contraction
Charnovitz 26 Jun 2020 5 min read

“Personal Dignity” as a Non-Trade Value in Trade Policy?

I was struck by the notion of “personal dignity” in USTR Lighthizer’s recent article “How to Make Trade Work for Workers.” He framed the article by asking the question: “What should the objective of trade policy be?” Instead of the goals of promoting world peace and economic efficiency, Lighthizer
Julia Qin 24 Jun 2020 2 min read

Transnational subsidies - Part II

Over the past few weeks, various posts have appeared on this blog relating to the issue of transnational subsidization. These posts have focused on one specific aspect of the problem – the extent to which the EU could countervail imports from one country (Egypt), where they are subsidized by a third
Jesse Kreier 24 Jun 2020 1 min read

India, South Africa and the MPIA

We hear much of the WTO Members who are pushing the MPIA, and much also of US opposition, but less about the views of many other Members, such as India, South Africa and ACP countries, who have not signed on. So it was with some curiosity that I attended a
Jesse Kreier 23 Jun 2020 1 min read

Food Regulation, Science, Protectionism, and Regulatory Autonomy/Sovereignty

I feel like the role of science in trade agreements doesn't get enough attention, and I'm always excited to see someone trying to raise the profile of this issue. Here is a question from Congressman Earl Blumenauer at last week's House Ways and Means
Simon Lester 22 Jun 2020 7 min read

How to Game the MPIA, or, How to Avoid Being Taken Advantage of in the MPIA

The newly-established Multiparty Interim Appeal Arbitration Arrangement (“MPIA”) contains an interesting provision in para 18 of its “Agreed Procedures”: “At any time during the arbitration, the appellant, or other appellant, may withdraw its appeal, or other appeal, by notifying the arbitrators. This notification shall also be notified to the
Henry Gao 20 Jun 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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