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The U.S. Critique of the Appellate Body's GATT Non-Discrimination Jurisprudence

In its Report on the Appellate Body issued earlier this week, USTR makes the following point about the Appellate Body's non-discrimination jurisprudence: Articles I:1 and III:4 of the GATT 1994 and 2.1 of the TBT Agreement set out Members’ national treatment and most-favored-
Simon Lester 14 Feb 2020 5 min read

Statement on USTR Report on the Appellate Body

On February 12, 2020, I provided this statement to reporters inquiring about the recent USTR report.  I post it here for anyone interested: It’s a sophomoric Report teeming with misstatements.. The Report avers that the Appellate Body “chronically violates the rules imposed by WTO Members” which is false regarding
Charnovitz 13 Feb 2020 1 min read

Forthcoming discussion of a Multilateral Investment Court

A Multilateral Investment Court: a rise for international adjudication or an exercise in futility? Thursday 05 March 2020 5:30pm to 8:00pmHosted by the Department of Law Registration: https://www.eventbrite.com/e/a-multilateral-investment-court-a-rise-or-an-exercise-in-futility-registration-90128710399 Hosted by Dr
Charnovitz 13 Feb 2020 1 min read

UNCITRAL and ISDS Reform: Plausible Folk Theories

By Anthea Roberts and Taylor St John As observers of the UNCITRAL process, we watch the debates with great interest, writing about the emergence of different camps, giving perspectives on how the process fits within broader geopolitical developments, and offering potential models for moving forward. One thing that we are
Anthea Roberts 13 Feb 2020 11 min read

Guest Post: A new player enters the trade remedy game

This is a guest post from trade lawyer Victor Crochet: On 31 January 2020, the United Kingdom (UK) formally left the European Union (EU). An 11-month transition period that is scheduled to end on 31 December 2020 is now in place. During this period, new trade remedy investigations will
Simon Lester 12 Feb 2020 2 min read

USTR's Report on the Appellate Body (With a Comment on DSU Article 11)

USTR's 121 page "Report on the Appellate Body of the World Trade Organization"  is here. A lot of it seems to have been taken from U.S. statements to the DSB over the past couple years, although I have only skimmed it at this point. For
Simon Lester 11 Feb 2020 7 min read

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

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Featured

What Kind of Discrimination Should Section 338 Target?

A couple weeks ago, the U.S. International Trade Commission asked for public comments on implementing Section 338.
25 Sep 2026 5 min read

Jake Sullivan Wants To Build On the Biden Administration's Industrial Policy

In a recent article, Jake Sullivan makes the case for continuing on with the Biden administration's economic policies, arguing for an even broader and more comprehensive industrial policy than what we saw under Biden.
13 Sep 2026 6 min read

How Difficult Will It Be Politically To Remove Trump's Tariffs?

Heather Hurlburt, who was the Chief of Staff for U.S. Trade Rep. Katherine Tai from 2022-2024, recently poured some cold water on the idea that Trump's tariffs might be removed quickly after he is out of office.
12 Aug 2026 3 min read

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

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