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Simon Lester

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

The U.S.-Japan Trade Deal: Can a Political Agreement Liberalize Trade Without Institutions?

The U.S. - Japan trade deal was signed today. USTR provides the legal texts here. Based on the various fact sheets, it looks like the agreement contains a modest amount of tariff liberalization. Let's look briefly at what's in the deal, focusing on four questions:

Question from the U.S.: Why has the Appellate Body felt free to depart from what Members agreed to?

This is from the U.S. statement at Monday's DSB meeting: Indeed, for several months, both within the Informal Process and outside, the United States has actively sought engagement from Members on what we believe to be a fundamental issue. That is, how have we come to this

Guest Post: A Carbon Border Tax or A Climate Tariff?

This is a guest post from Reinhard Quick, Professor for International Economic Law, Saarland University, Dr. iur. (University of Mannheim), LL.M (University of Michigan) The political guidelines for the next European Commission (2019-2024) are a victory for the proponents of the so-called "Border Carbon Adjustment" (BCA). The

The SIEL–Hart Prize

This is from Hart Publishing: SUBMISSIONS FOR THE SIEL-HART PRIZE IN INTERNATIONAL ECONOMIC LAW ARE NOW OPEN! The SIEL–Hart Prize is awarded every two years to an outstanding unpublished manuscript by an early career scholar in the field of International Economic Law. The winner of the SIEL–Hart Prize

A Few Thoughts on the Role of the WTO/AB Secretariats in WTO Disputes

Following-up on Joost's post about his new paper with Krzysztof Pelc on the role of the WTO and Appellate Body Secretariats in WTO disputes, I wanted to offer some brief thoughts. Here's the first one: More seriously, I sort of agree with them, in the sense

Guest Post: GAFA’s Global Investment Tribunal: Is it Going to Stay? Call for a research partner

This is from Marcin J. Menkes of the Warsaw School of Economics: Although none of the GAFA companies – Google, Amazon, Facebook, Apple – or other major tech giant has taken the first step, publicly, to establish a world investment tribunal, the question to already ask, is whether such an arbitration tribunal

Tom Graham Clarifies My Earlier Tom Graham Clarification

In the comments section of my blog post earlier this week, Tom Graham commented as follows: My statement as reported by Bloomberg was not inadvertent. It expressed my position accurately: "I have not yet decided [whether I will stay after December 10], and I am watching developments." No