Co-founder @CHNTradeMonitor & WorldTradeLaw.net. Non-Resident Fellow @BakerInstitute. Formerly @CatoTrade @WTO. Taught trade law @MelbLawSchool @UMichLaw
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Articles by Simon Lester
The First Lawsuit against the Section 338 Tariffs on Canadian Imports Has Been Filed
The Liberty Justice Center has filed a lawsuit challenging "the [Trump] administration’s use of Section 338 of the Tariff Act of 1930 to impose 50 percent tariffs on Canadian goods." The complaint is here. The plaintiff is Gellert Global Group Corp., a company specializing in imported food products. According to the complaint, "Gellert imports Canadian cheese covered by the Section 338 Tariffs, ...
Guest Post: The EU-China Deal on Hybrid Vehicles Safeguards: A Win-Win Outcome? For Whom?
This is a guest post by trade lawyer Victor Crochet and law professor Weihuan Zhou Following months of escalating trade tensions, the EU and China reached an agreement on several points of contention during their second meeting on bilateral trade and investment on 8-9 October. One of the key issues at stake concerns imports from China of hybrid vehicles.
Pushing Back against U.S. Government Pushback on Non-Discriminatory Tech Regulations: The Case of Australia's Online Safety Regulation
Over the years, I've talked a lot about the distinction between, on the one hand, domestic regulation that is ostensibly about some public policy objective but actually constitutes disguised protectionism, and, on the other hand, domestic regulation that pursues legitimate policy objectives but has an incidental impact on foreign producers or companies. When a regulation constitutes disguised protection, the role of trade policy and trade agreements is clear.
Americans Think Canada Is the Fairest Trading Partner
CFR has a new poll of Americans' views on trade, with some interesting results.
Event on U.S. Trade and Customs Law & Enforcement
Trade lawyer Amy Porges sends along the following: Announcing a program on Friday Oct 9: "Eleventh Trade Law Fall Update: 'Trade and Customs Law & Enforcement in the Remarkable Year 2026'" (virtual program only) Free - Registration link for Zoom here; all times ET https://case.edu/law/about/events-lectures/eleventh-trade-law-fall-update-trade-and-customs-law-enforcement-remarkable-year-2026-virtual-program-only 8:30-9:30: Current Compliance Challenges for Global Supply Chains: forced labor...
Australian WTO Reform Submission Calls for SOE Disciplines
A couple months ago, I mentioned a new EU paper on WTO reform, in which the EU argued for stronger WTO disciplines on the behavior of certain state enterprises, seeking to extend the GATT obligations that apply to state-trading enterprises so they will apply to state-owned and state-invested enterprises as well.
Prospects for an AI Treaty
During the U.S.-China meetings last week, one of the key topics was AI, and a "Dialogue" was established as part of this. But many people want broader U.S.-China cooperation on AI, with a few calling for an AI treaty of some sort. What are the prospects for such a treaty? For the reasons set out below, while I think a treaty would be useful, I am skeptical that we will see one in the next couple years.
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.
Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy
In a recent piece in Foreign Affairs entitled "How to Reindustrialize America: The Case for a Strategic Investment Fund," former National Security Adviser Jake Sullivan makes the case for building on the Biden administration's economic policies, putting forward an argument and a detailed plan for an even broader and more comprehensive industrial policy than what we saw under Biden. Here are a couple excerpts.
The Canada-U.S. Trade War: No End in Sight
I'm not totally sure what triggered the recent escalation in trade conflict between Canada and the U.S. As of June, things seemed to be muddling along well enough, with a focus on whether the USMCA would be renewed for another term and what that might look like for Canada-U.S. trade. The "51st state" talk had died down a bit at that point, which was good.
Call for Papers: ANZSIL International Economic Law Interest Group Workshop
The ANZSIL International Economic Law Interest Group (IELIG) was established in 2011 to provide a forum for those interested in international economic law, especially international regulation of trade, investment, intellectual property, and monetary law. The work of the Interest Group covers all areas of international economic law and its implementation in domestic law, embracing both theoretical and practical aspects.
Politicizing AD/CVD in Both Directions
We don't get much reporting on the behind the scenes details of AD/CVD calculations, but Politico had an article recently about how U.S. Commerce Department officials were trying to keep these duties down (yes, down – that's not a typo!): A monthslong crackdown within the Trump administration to soften its trade rules all started with a flap over pasta.
Colombia Makes the Case for Rethinking Patent Exclusivity (and for Considering Prizes)
In mid-July, Colombia submitted a communication for discussion in the TRIPS Council entitled "A Better Trip: Autonomous Examination of TRIPS Prerogatives, and Existing Examples." The communication includes some interesting and provocative ideas related to policies for encouraging innovation. Colombia is trying to trigger an international discussion of these policies, although it is likely to face strong headwinds.
The Republican Embrace of Security-Based State Capitalism / Socialism
In the context of a House Committee on Rules discussion on Monday of a Republican-sponsored Resolution (H. Res. 1490 – Providing for the condemnation and denouncement of socialism in all its form, and for other purposes), there was the following exchange between Rep. Joe Neguse (D-CO) and Rep.
Guest Post: Does Economic Coercion Work? Evidence from China’s Import Restrictions on Japanese Seafood
This is a guest post from Yoshimichi Ishikawa, Associate Professor, University of Shizuoka, Japan In August 2023, China suspended imports of all Japanese aquatic products following the release of ALPS-treated water from the Fukushima Daiichi Nuclear Power Plant. The measure was widely discussed in Japan as an example of economic coercion. I previously examined its consistency with the WTO SPS Agreement in an EJIL: Talk! post.
Is Brazil's Pix Payment System an Unfair Trade Practice?
One of the issues in the Section 301 investigation of Brazil's trade practices relates to Pix, an instant payment platform created and managed by the Central Bank of Brazil. I don't know enough about the underlying policies to have strong opinions here, so in this post I'm mostly just going to set out the competing views.
Does the Trump Administration Feel Constrained by U.S. Trade Agreements?
In two separate instances yesterday, I came across questions about whether the Trump administration feels constrained by the USMCA and other trade agreements. I'll start with the second instance. During an interview with the CBC in the afternoon, host Rosemary Barton asked U.S. Trade Rep. Jamieson Greer the following question: It's a better deal ...
Follow-Up on the Political Prospects for Removing Trump's Tariffs
Former Biden administration officials Heather Hurlburt and Peter Harrell both offered LinkedIn responses to my post last week about the political prospects for a future president removing Trump's tariffs. Peter offered some partial support for my view, in particular on my skepticism of the political importance of tariffs as revenue generators. Heather, whose original comments on this issue were the trigger for my post, pushed back a bit.
Tracking Goods Exports under the Trump Administration's Trade Policies: The Latest Data
Back in May, I posted about how U.S. goods exports were doing under Trump's trade policies. In this post, I'm going to provide an update based on 3 additional months of data, with export data for January - June now covered for the years 2023 - 2026.
U.S. Appeals Court Says No Constitutional Right To Export Guns
By Simon Lester — 16 Aug 2026 — Share Many years ago, I did an April Fools' post about a trade agreement on gun rights. At long last, I have an actual substantive trade and gun rights issue to post about. I don't have any commentary to add here, but I wanted to mention that Eugene Volokh of the Volokh Conspiracy recently pointed out a U.S. appeals court ruling which rejected an argument that the Second Amendment establishes a right to export guns.
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, citing the revenue they bring in as a key reason: Up to the early 1900s, the U.S. did not have an income tax, and tariffs were one of the primary means of raising money for the U.S. Treasury.
Pressuring China on Subsidies vs. Pressuring China on Consumption
If I understand their views correctly, some of the more hawkish voices on China's economic practices see a link between the Chinese government's high level of industrial subsidies, on the one hand, and the low level of consumption by Chinese citizens, on the other. Under this view, action by the Chinese government to reduce subsidies would contribute to a shift towards higher Chinese consumption, which would help correct imbalances in global trade.
Would Public Ownership Push Us Towards AI Sovereignty? And Will We Ever Get Sensible AI Regulation?
Todd Tucker, my long-time sparring partner on international economic policy issues, has a new piece with his colleague Elizabeth Wilkins called "How Public Equity Can Promote a Revived American Democracy." It's behind a paywall so I couldn't read it, but when he explained it in a Bluesky thread, he brought up public equity in the context of the AI sector: The latest idea in this space is @BernieSanders' proposal to deposit 50% of the shares of leading AI companies into a new sovereign wealth...
Guest Post: Make the Forced Labor 301 Tariffs a Win for Workers
This a guest post by Charita Libao Castro, PhD, MSW, a former deputy assistant U.S. trade representative for labor affairs, where she served as the global forced labor lead “I had to store my friend’s dead body in the freezer.” A fisher shared this with me and my colleagues at the Office of the U.S. Trade Representative (USTR) through an interpreter.
Questions for Japan About Its Trade/Investment Deals with the Trump Administration
One of the many useful things that happens at the WTO is the Trade Policy Reviews carried out for each WTO Member. As past of this process, governments can ask each other questions about a wide range of trade and investment issues, and the questions/answers are later made available to the public through the WTO's DocsOnline database.
Where To Focus with the Issue of Trade Imbalances: Exchange Rates vs. Domestic Economic Policies
I spend a lot of time on this blog criticizing op-eds and other articles, so I'm happy to have come across one for which I can offer an endorsement.
Can Brazil's WTO Complaint on the Section 301 Tariffs Avoid Being Undermined by an "Appeal into the Void"?
Amidst the flurry of recent tariff news was a USTR notice of action earlier this month in the Section 301 investigation of Brazil’s Acts, Policies, and Practices Related to Digital Trade and Electronic Payment Services; Unfair, Preferential Tariffs; Anti-Corruption Enforcement; Intellectual Property Protection; Ethanol Market Access; and Illegal Deforestation.
Immigration Penalties for Foreign Government Officials Engaging in "Economic Discrimination"
Recently introduced legislation from Congressman Michael Baumgartner (R-WA) seeks to penalize "foreign officials who weaponize the government to discriminate against American companies" by amending the Immigration and Nationality Act "to make foreign government officials who engage in economic discrimination against U.S. persons inadmissible to, and deportable from, the United States." A press release explains: The legislation responds to this growing global pattern uncovered by the House...
Guest Post: Preliminary Thoughts on the European Commission Proposal for the Cybersecurity Act 2.0
This is a guest post by Peter Van den Bossche [1] Chair Professor of International Economic Law, Xi’an Jiaotong University School of Law; former Member and Chair of the WTO Appellate Body; Professor Emeritus of International Economic Law, World Trade Institute, University of Bern; and external legal advisor, King & Wood. Executive Summary This paper offers general observations on the key mechanisms and WTO consistency of the Proposal for the EU Cybersecurity Act 2 (‘CSA2.0’).
The Meaning of "Discrimination" in Section 338's Predecessor (Section 317 of the Tariff Act of 1922)
In my post on the Trump administration's invocation of Section 338 of the Tariff Act of 1930 last week to impose tariffs on certain Canadian imports, I offered some quick thoughts on how broadly "discrimination" in that provision of the statute might be interpreted and applied. As I later learned from Mona's great post, Section 338 has its origins in Section 317 of the Tariff Act of 1922, and as it turns out there is some in-depth scholarship on what "discrimination" meant in that context.
Will There Be Further Adjustments to the Section 301 Forced Labor Tariffs If Forced Labor Laws Improve?
On Thursday, USTR announced its final tariff rates in the Section 301 investigation on forced labor imports. There are a wide range of ideas for how to challenge these tariffs in court, with some ideas broader than others. One broad approach would be to argue that these tariffs are just a recreation of the IEEPA tariffs, with the forced labor justification merely a pretext, and therefore these tariffs exceed the authority granted under Section 301.
The New Agreement on Reciprocal Trade between the U.S. and Jordan
This is a guest post by Bashar Malkawi, Legal Counsel at The Government of Dubai Legal Affairs Department On July 21, 2026, the U.S and Jordan concluded and signed a new Agreement on Reciprocal Trade. Jordan has now officiated preferential access to the US market. The U.S has pursued these legally binding deals with a host of other countries with the purpose of re-shaping trade terms. The Agreements on Reciprocal Trade are not conventional free trade agreements.
A Brief Section 338 Reaction
Yesterday's announcement of Section 338 tariffs to be imposed on Canada was a bit of a surprise, although no tariff announcement can be too much of a shock these days. I don't have any deep thoughts on the issue, but here are a few not so deep ones. (Keep in mind that nothing I say here is said with a great deal of certainty!) First, the White House tells us that "[t]he tariffs will take effect 30 days after signing" the proclamations, but I'm skeptical that will actually happen.
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.
Thinking About the Trump Administration’s "Doctrine of Economic Statecraft"
Mohamed El-Erian, a professor at the Wharton School who was chair of President Obama's Global Development Council, had a recent NY Times op-ed entitled "America Was Being Played. The Bessent Doctrine Says Those Days Are Over." What he says in the piece is consistent with some thinking I have heard expressed now and then in recent years in relation to U.S. trade and foreign policy, from people on both the left and the right.
Stephen Miran on Optimal Tariffs
In a recent WSJ op-ed (which Julia Qin mentioned in the comments here), former Trump administration Council of Economic Advisers Chair Stephen Miran makes the case for an "optimal tariff in the region of 10% to 40%." In this post, I'm going to respond to three points from the op-ed, and then tack on two additional points at the end.
How Are U.S. Goods Exports to Canada and Mexico Doing under Trump’s Trade Policies?
This post was written by IELP Blog intern Kiyan Slove-Rezvani Previous posts on this blog have looked at trends in U.S. exports under the Trump administration’s trade policies, focusing on either specific categories of products or on the top U.S. trade partners.
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." As Desiree LeClercq told us, the USTR report "finds that all 60 economies under investigation, including the European Union, Canada, and Mexico, either failed to effectively enforce a forced labor prohibition or failed to impose any legal...
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.
Call for Panels, Papers and Poster: SIEL 2027
Reimagining International Economic Law: Reasons, Challenges, and Future Directions 7-9 July 2027, Christchurch (New Zealand) The Tenth Biennial Global Conference of the Society of International Economic Law (SIEL) will take place in Christchurch, New Zealand, from 7 till 9 July 2027, hosted by the University of Canterbury, with support from the New Zealand Law Foundation Centre for Law and Emerging Technologies at the University of Otago.
Trump Administration Decides Not To Extend USMCA for Another Term: What Does That Mean Exactly?
Today, as part of the first joint review of the USMCA, the three governments held a virtual meeting. Here's the official statement from U.S. Trade Rep. Jamieson Greer after the meeting: The Agreement between the United States of America, the United Mexican States, and Canada (USMCA or “Agreement”) requires the USMCA Free Trade Commission, composed of government representatives of each Party, to conduct a joint review of the Agreement on July 1, 2026.
Competing Views of Sovereignty: The Haves vs. The Have Nots in AI (and Steel)
It's interesting to watch how political leaders craft narratives around economic competition that reflect their own country's strengths and weaknesses. For those countries that dominate a particular sector, the concerns of others about sovereignty and security are not that important; for those who are currently losing, however, sovereignty and security are serious considerations. And a country's position on these issues may vary depending on the industry and its particular capabilities.
Lighthizer on Whether Tariffs are Going Anywhere after 2028
By Simon Lester in Robert Lighthizer — 29 Jun 2026 — Share This is an exchange in a recent conversation between former U.S. Trade Representative Robert Lighthizer and Gerald Butts of the Eurasia Group: Butts: And just to be clear about this, because I think it's a really important point, and this is one point we definitely agree on: No matter who is in the White House in 2028, these tariffs are going nowhere. In your view? Lighthizer: ...
Recent Calls in the EU To Address Chinese Currency Undervaluation
An important element of the piece by Sander Tordoir and Brad Setser that I talked about in my last post was their argument that the EU should address Chinese currency undervaluation. As they put it: China benefits from an undervalued exchange rate. A country running large current account surpluses would normally see its currency appreciate as it repatriates the foreign exchange earnings into domestic currency. In turn, this would curb Chinese exports and increase demand for imports.
Does The EU Need Its Own Section 301 To Counter China's Distortions?
Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence." Here's the case they made: A European 301 Safeguards are meant to be strictly temporary and time-bound, thereby buying breathing space, but they do not obviate the EU’s lack of a true instrument to respond to China’s economy-wide distortions.
Call for Submissions - Trade, Law and Development
This is from the Trade, Law and Development journal: The Journal is now inviting unpublished manuscripts for publication of its 18th Special Issue (Vol. 18 No.1) titled "Reimagining Global Trade: Industrial Policy and Strategic Autonomy in a Changing Global Order". Submissions are welcome in the form of Articles, Notes, Comments and Book Reviews. The full call for submissions is here.
A Sudden Surge of Safeguard Investigations
I don't follow domestic safeguard investigations that closely, but I noticed some coming out of places that don't do them very often (e.g., Australia, Canada, and New Zealand), so I wondered if there had been an overall increase recently. Based on this Excel spreadsheet compiled by the WTO with data from 1995-2025, along with the safeguard notifications announced by the WTO this year, the answer seems to be yes.
Call for Papers: Brooklyn International Business Law Scholars Roundtable
This is from Irene Ten Cate, the co-director of the Block Center for the Study of International Business Law at Brooklyn Law School: 📢 Call for Papers! The Block Center for the Study of International Business Law at Brooklyn Law School invites scholars to submit proposals for the 2026 International Business Law Scholars Roundtable, taking place on Friday, October 9, 2026. Researchers working in international business, economic, and financial law are encouraged to apply.
Tracking Exports under Trump: Country Comparisons
In a previous post, I noted that one of the reasons some traditionally pro-trade members of Congress may be supporting Trump's trade policies, despite misgivings they may have about tariffs, is because they are hoping these aggressive policies will pry open foreign markets and lead to increased U.S. exports of agricultural and other products. For example, Rep.
The IMF vs. Greer on Budget Deficits and Trade Deficits
In a recent piece published on the IMF website, U.S. Trade Rep.
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