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UNCITRAL and ISDS Reforms: What Makes Something Fly?

By Anthea Roberts and Taylor St John When conducting an international negotiation, the Chair has to ask him or herself: what makes something fly? This question really has two parts. The first concerns the negotiations themselves. Once you’ve taken off and achieved a certain cruising speed and altitude, how
Anthea Roberts 11 Feb 2020 7 min read

Agreement Not to Appeal and Possibility of an Article 25 Appeal in a Case Involving the U.S.

This is from the Understanding between the Republic of Korea and the United States regarding procedures under articles 21 and 22 of the DSU in the DS488 case: 4. Following circulation of the report of the Article 21.5 panel, either party may request adoption of the Article 21.5
Simon Lester 10 Feb 2020 1 min read

Trade in Last Night's Democratic Primary Debate

The candidates were asked about some trade/climate issues in last night's debate. Here's what they said: David Muir: (52:49) ... I want to turn to climate change and jobs here in America. President Trump just signed the United States-Mexico-Canada Agreement, many call it
Simon Lester 08 Feb 2020 5 min read

Upcoming Conference & Essay Competition of Possible Interest

Two announcements of interest, especially for those teaching trade or customs law this academic year in the case of the first, or for those looking for an excuse to come to Miami next week in the case of the latter -- First, the University of Miami School of Law and Customs
Kathleen Claussen 06 Feb 2020 1 min read

The Illegitimate AB Report in Russia - Railway Equipment

The Illegitimate AB Report in Russia - Railway Equipment Steve Charnovitz 5 February 2020 I write this commentary reluctantly.  The World Trade Organization's Appellate Body has been unfairly maligned by the Trump Administration and by the international trade law community.  I say "unfairly" because so far, all
Charnovitz 05 Feb 2020 3 min read

Guest Post: Pragmatism and flexibility in UNCITRAL Working Group III: Too much of a good thing?

This is a guest post by Lise Johnson and Lorenzo Cotula On January 20-24, 2020, delegates to UNCITRAL’s Working Group III met in Vienna to continue their work on ISDS reform. This was the first session devoted to discussing “structural” reforms, such as a standing investment court and
Simon Lester 05 Feb 2020 6 min read

Is a Safeguard Measure Related to an Anti-Dumping Measure?

This is from the WTO's summary of last week's DSB meeting: Morocco said that the anti-dumping measure at issue in its dispute with Turkey in DS513, "Morocco — Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey", expired on 26 September 2019, and
Simon Lester 04 Feb 2020 2 min read

Interpreting EU Law under the New UK/EU Trade Arrangement

This is from the EU draft mandate for negotiations with the UK: Should a dispute raise a question of interpretation of Union law, which may also be indicated by either Party, the arbitration panel should refer the question to the CJEU as the sole arbiter of Union law, for a
Simon Lester 04 Feb 2020 1 min read

Brexit, CETA and trade remedies

It is of course now clear that the post-Brexit trading relationship between the UK and the EU is to be governed by an FTA, and that Britain will not remain in a Customs Union with the EU. The 17 October 2019 "Political Declaration" between the EU and
Jesse Kreier 03 Feb 2020 1 min read

A Couple Comments on Boris Johnson's Trade Speech

UK Prime Minister Boris Johnson said the following in a speech today: We have the opportunity, we have the newly recaptured powers, we know where we want to go, and that is out into the world. And today in Geneva as our ambassador Julian Braithwaite moves seats in the WTO
Simon Lester 03 Feb 2020 11 min read

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Why Section 338 Does Not Work in a GATT/WTO World: Lessons from Trade Law History

On July 21, 2026, President Trump exercised his authority under Section 338 of the Tariff Act of 1930 (hereinafter Section 338) to impose the maximum amount of additional tariffs (fifty per cent) on Canadian cars, alcohol, and dairy, owing to his determination of Canada’s discriminatory treatment of US exports.
23 Jul 2026 10 min read

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.
17 Jul 2026 5 min read

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."
10 Jul 2026 5 min read

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.
06 Jul 2026 4 min read

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.
01 Jul 2026 4 min read

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