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ISDS Reform: Designing Permanent Institutions at Working Group III

Last week, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) turned squarely to designing permanent adjudicative institutions for the resolution of investment disputes. As readers of this blog may be aware, WGIII is charged with developing multilateral reforms to the current ad hoc system of
Julian Arato 26 Jan 2020 9 min read

Blog Review of Quinn Slobodian's "Globalists"

I wish the trade wars would slow down a bit so I could do more reflective thinking about big picture issues, rather than constantly monitoring twitter for the latest trade emergency. That doesn't look it will happen any time soon, but I was able to fit in a
Simon Lester 24 Jan 2020 11 min read

Joe Biden on Trade Policy

This is from a Joe Biden interview with the NY Times editorial board: BA: You’ve talked about the urgency of the climate change. The new NAFTA agreement includes no measures aimed at dealing with climate change. At what point should Democrats stop voting for international agreements that fail to
Simon Lester 20 Jan 2020 3 min read

Call for Papers - Rethinking the Role of Institutions in Economic Integration

The law journal Legal Issues of Economic Integration will be holding a conference to assess the changing role of institutions in economic integration, including proposed, contested and new institutions in bilateral, regional and global settings. The conference will take place at the Amsterdam Law School on 8 May 2020.  Proposals
Simon Lester 20 Jan 2020 1 min read

The Uniqueness of WTO Court Elections as Compared to other Multilateral Courts

The Uniqueness of WTO Court Elections as Compared to other Multilateral Courts Alexandra Dobre* and Steve Charnovitz The process and structure of multilateral court elections differ across courts in criteria such as judges’ term lengths, nomination and appointment procedures, possibility for reappointment, desired qualifications, and more. In analyzing the International
Charnovitz 19 Jan 2020 8 min read

CfP: International Investment Law & State Capitalism Colloquium

This is an announcement by the joint organizers of the International Investment Law & State Capitalism Colloquium from Athens PIL; the Tilburg Law and Economics Center (TILEC) at Tilburg University (the Netherlands); and Hamad Bin Khalifa University (HBKU) College of Law (Qatar): The Athens Public International Law Center (Athens PIL)
Inu Manak 18 Jan 2020 1 min read

So Many Questions About the U.S.-China Trade Deal

Having had the text of the U.S. - China "Phase One" trade deal for almost 48 hours, I have so many questions. Here are a few of them: 1. What exactly did China agree to? There are a lot of obligations in here, and many of them are
Simon Lester 17 Jan 2020 3 min read

Notification of a Decision To Appeal vs. Notice of Appeal

As I've mentioned a couple times already (sorry, but this intrigues me!), the U.S. filed a notification of appeal in relation to the DS436 Article 21.5 panel report. The U.S. notification said this: the United States hereby notifies the Dispute Settlement Body of its decision
Simon Lester 17 Jan 2020 2 min read

The U.S.-China Trade Deal Dispute Chapter: Effective Enforcement or Just More Tariffs?

As I first talked about here, it appears that the Trump administration has convinced China to sign on to a new kind of "unilateral" dispute resolution process as part of the the Economic and Trade Agreement between the U.S. and China, which was released today. Here'
Simon Lester 15 Jan 2020 4 min read

Trade in Last Night's Democratic Debate

All the candidates on the stage got a chance to weigh in on trade in last night's Democratic debate. Here's what they said: PFANNENSTIEL: Thank you, Mr. Steyer. Let's stay with the theme of America's role in the world and talk about
Simon Lester 15 Jan 2020 8 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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