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Latest — 22 Jan 2026

Asking China To Liberalize More at the WTO

Back in 2018, I wrote a piece with my colleague Huan Zhu arguing that China had become much wealthier since it joined the WTO, and therefore should take on greater liberalization commitments: With greater wealth comes greater responsibility. Even if it continues to maintain its “developing” status, as China’s

Simon Lester 4 min read

Guest Post: President Trump Cannot Legally Impose Tariffs Using Section 122 of the Trade Act of 1974

If the Supreme Court strikes down nonreciprocal tariffs imposed under the International Emergency Economic Powers Act (IEEPA), the Trump Administration reportedly plans to re-impose some of the tariffs by citing authorities in other laws.
Simon Lester 21 Jan 2026 3 min read

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
Simon Lester 20 Jan 2026 4 min read

Call for Submissions: Trade, Law and Development

This is from the editors of the Trade, Law and Development journal: The Board of Editors of TL&D is pleased to invite original, unpublished manuscripts for publication in the General Issue of the Journal (Vol. XVII, No. 2) in the form of ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’
Simon Lester 18 Jan 2026 1 min read

Katherine Tai on WTO Dispute Settlement Reform

Back in November, former U.S. Trade Rep. Katherine Tai spoke on a panel at Harvard (I just stumbled on the video recently). Towards the end, she responded as follows to a question about the Appellate Body appointments crisis (1:08:32 of the video): On the Appellate Body, ... if
Simon Lester 16 Jan 2026 4 min read

Essays in Honour of Valerie Hughes: Appellate Review, WTO Secretariat Handling FTA Disputes, and Much More

Nicolas Lamp recently put together a book honoring the great Valerie Hughes: "Reckoning and Renewal: The World Trade Organization and Its Dispute Settlement System at 30, Essays in Honour of Valerie Hughes."
Simon Lester 13 Jan 2026 3 min read

Some Interesting Provisions in the EU-Mercosur Interim Trade Agreement DS Chapter

We appear to be moving closer to a completed EU-Mercosur trade agreement, with the European Council announcing last week that it had "adopted two decisions authorising the signature of the EU-Mercosur Partnership Agreement (EMPA) and of the Interim Trade Agreement (iTA) between the EU and Mercosur." It also
Simon Lester 12 Jan 2026 3 min read

2025 Had the Most WTO Complaints Since 2019

Despite the ongoing crisis with the WTO Appellate Body, which has been only partially solved by the creation of the MPIA, 2025 saw a bit of an increase in the filing of requests for consultations under the DSU.
Simon Lester 08 Jan 2026 1 min read

Guest Post: Threat-Based Trade Remedies in the EU: Increasing Use Amid Urgent Climate Objectives

This is a guest post from Florin D. Dascalescu, Senior legal counsel at the European Investment Fund (EIF) Introduction This post is based on my recent article published in the Journal of World Trade (JWT),[i] which examines several legal concepts by using as an example the EU anti-subsidy (AS)
Simon Lester 06 Jan 2026 8 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
Simon Lester 05 Jan 2026 5 min read

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Featured

Can "Geopolitical" Tariffs Be Dealt With through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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