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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

Remembering WTO DG Mike Moore

Steve Charnovitz 2 February 2020 I was saddened to hear of the recent passing of Mike Moore, the WTO's 3rd Director General. Moore was a great statesman of New Zealand and served briefly as its Prime Minister.  In the trade community, Moore is remembered for his hard work
Charnovitz 02 Feb 2020 1 min read

Guest Post: Update from ‘the Void’: Questions for the new Interim Appeal Agreement (IAAA)

This is a guest post by Mattijs Kempynck* & Akhil Raina** Introduction: Learning how to say ‘I-A-A-A’ The recent Davos summit filled in the ‘void’ somewhat. Ever since the World Trade Organization’s (WTO) Appellate Body (AB) became non-functional in early December last year, commentators of
Simon Lester 30 Jan 2020 12 min read

**Job Advert** Stanford Law School Teaching Fellowship

STANFORD LAW SCHOOL seeks to hire a teaching fellow for the LLM Program in International Economic Law, Business & Policy. The appointment is for a two-year position with the possibility of a third year by mutual agreement, beginning In August 2020. The fellow will assume significant academic, advising and
Mona Paulsen 29 Jan 2020 1 min read

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020 

Deadline for SIEL / JIEL / OUP Essay Prize Approaching: 14 February 2020 The annual SIEL / JIEL / OUP Essay Prize is awarded to the best essay submitted on any topic in the field of international economic law. It is open to all current undergraduate and graduate students of any university or other
Simon Lester 28 Jan 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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