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Simon Lester

The House Passes USMCA by a Wide Margin

In October of 2017, I noted that U.S. Trade Representative Bob Lighthizer said he hoped to “get back to the days where there was a substantial majority of people in both parties that voted for these trade agreements,” adding “that is my objective right now. I want to have

The U.S. Appeal in DS436

In the last post, I talked about what might happen as a result of the U.S. appeal "into the void" of the Article 21.5 panel report in DS436. Let me now add to the confusion. The full text of the U.S. appeal, as posted in

The Future of U.S. Participation in WTO Disputes

This is from the U.S. statement at today's DSB meeting: As discussions among Members continue, the dispute settlement system continues to function. The central objective of that system remains unchanged: to assist the parties in the resolution of a dispute. As before, Members have many methods to

USMCA Implementing Legislation Provisions on the Sunset Clause

This is from the relevant section of the USMCA implementing legislation submitted to the House on Friday: Subtitle B—Joint Reviews Regarding Extension of USMCA SEC. 611. PARTICIPATION IN JOINT REVIEWS WITH CANADA AND MEXICO REGARDING EXTENSION OF THE TERM OF THE USMCA AND OTHER ACTION REGARDING THE USMCA. (a)

Unilateral Enforcement in the US-China "Phase One" Trade Agreement

This is from USTR's fact sheet on the U.S. - China "phase one" trade agreement announced on Friday: Dispute Resolution: The Dispute Resolution chapter sets forth an arrangement to ensure the effective implementation of the agreement and to allow the parties to resolve disputes in

Congressional / Executive Power over Trade and the USMCA Sunset Clause

This is from Jennifer Hillman: Before it is too late, Congress should insist on including a number of items in the implementing legislation or on essential changes to the May 30, 2019, draft Statement of Administrative Action (SAA). Indeed, U.S. Trade Representative Robert Lighthizer’s transmittal letter for the

Guest Post on the Appellate Body

This is a guest post from law professor Wolfgang Weiss The Appellate Body is dead - long live the WTO! What will happen with the enforcement of WTO law after the Appellate Body's ability to work has ceased - hopefully not permanently -? The end of the Appellate

The NAFTA/USMCA Panel Blocking Issue Looks Like It Has Been Fixed (Probably)

This blog post was written jointly by Simon Lester and Inu Manak Here is the relevant text of the Protocol of Amendment to the USMCA (released earlier today) related to panel rosters and composition: C. In Article 31.8 (Roster and Qualifications of Panelists), replace the text of paragraph 1

Guest Post: Transfer of the International Investment Bank from Moscow to Budapest: A Trojan Horse in the Making

This is a guest post from professors Marcin Menkes and Jerzy Menkes: On February 5, 2019, Hungary agreed to the transfer of the International Investment Bank’s seat from Moscow to Budapest. An international financial institution, which despite Russia’s major stake has already been exempted from EU sanctions, enters

"Why did the Appellate Body feel free to disregard the clear text of the agreements?"

The U.S. keeps asking a question along the lines of "why did the Appellate Body feel free to disregard the clear text of the agreements?" Here's an answer provided by Ambassador Shea at today's General Council meeting: ... For nearly a year, in the