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Simon Lester

Non-Violation Claims Against National Security Measures

This is from the U.S. third party oral statement in the United Arab Emirates – Measures Relating to Trade in Goods and Services, and Trade Related Aspects of Intellectual Property Rights (DS526) dispute: III. Negotiating History Of GATT 1994 Article XXI(b) 12. The negotiating history of these essential security

Guest Post: US Narrative on Trade Unilateralism: Insights from DS543

This is a guest post from Akhil Raina* & Mattijs Kempynck** Introduction Readers of this blog are all too aware of the many ways in which the United States (US) is rocking the multilateral trade boat: the Appellate Body (AB) is in crisis; there’s an ongoing “trade war” with

What Kinds of Measures Should Trade Agreements Target?

A group of scholars (including Rob Howse of this blog) has a new proposal for how to manage U.S.-China trade relations better. I may comment on the broader proposal at some point (and Rob may blog about it himself), but in the meantime, as I sometimes like to

Do the U.S. and EU Have Different Visions for WTO Dispute Settlement and the Appellate Body?

This is from Inside US Trade: The “why question,” according to two sources, is directed at the European Union. The EU has said it does not agree with the U.S. view on the Appellate Body but is willing to work with the U.S. to resolve the issue. The

World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization

This is from Chantal Thomas: This is a late-breaking notice, but for those of you in the DC area, please come to the lunchtime discussion, this coming Monday October 21, of "World Trade and Investment Law Reimagined: A Progressive Agenda for an Inclusive Globalization," just out with Anthem

Guest Post: A consensual “Quick-Fix” for the WTO Appellate Body is possible if there is the will!

This is a guest post from former Appellate Body Member Giorgio Sacerdoti: As we all realize, the WTO is heading towards the practical loss of the Appellate Body by 10 December 2019 due to the US blocking of the launching of the selection process to fill the vacancies. The “concerns”

U.S. Comments on "Precedent," DSU Article 11, and AD Agreement Article 17.6(ii)

In the hope of pushing the substantive discussion related to the Appellate Body crisis forward, here is a brief response to a couple points the U.S. made at the General Council meeting yesterday. First up, the U.S. says the following about the issue of "precedent": On

Some Unsolicited Advice for Warren's Trade Policy Team

One of the most notable things about Elizabeth Warren's trade policy plan is what she doesn't talk about. She doesn't talk about the WTO. She doesn't talk about "national security" tariffs. She doesn't have much to say about

A Critique of Warren's Trade Policy Plan

Back in July, I offered some quick thoughts on presidential candidate Elizabeth Warren's trade policy plan (entitled, "It's Time for a New Approach to Trade"). Now I'm going to offer a more detailed critique, and I'll follow with a post

Guest Post: Some Remarks on “Who writes the Rulings of the World Trade Organization? A Critical Assessment of the Role of the Secretariat in WTO Dispute Settlement”

This is a guest post by Pieter Jan Kuijper Some Remarks on “Who writes the Rulings of the World Trade Organization? A Critical Assessment of the Role of the Secretariat in WTO Dispute Settlement” By Joost Pauwelyn & Krzysztof J. Pelc[1] The paper concentrates entirely on the role the