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With No Appellate Body, Fear Over (Not Under) Enforcement of WTO Rules

Nicolas’ post on how unilateral retaliation may limit “appeals into the void” reminds me of a misleading statement I keep reading in the press these days. Many seem to believe that with the demise of the Appellate Body (AB), the WTO will lose its “bite”, i.e., that pre-Dec.
Joost Pauwelyn 03 Dec 2019 3 min read

Making WTO Dispute Settlement Work without the Appellate Body: How the Threat of Unilateral Retaliation Could Be Used to Incentivize the Adoption of Panel Reports

There is a justified fear that, once the WTO Appellate Body goes out of business in a few days, the entire edifice of WTO dispute settlement will collapse like a house of cards. The key concern from a structural perspective is not the demise of the Appellate Body per se,
Nicolas Lamp 03 Dec 2019 3 min read

Comments on the Appellator Graham Affair

Comments on the Appellator Graham Affair Steve Charnovitz 2 December 2019 A report on World Trade Online this afternoon states that Appellate Body Chair Thomas Graham is threatening to resign from the Appellate Body when his term ends on December 10 unless the WTO ousts the Mr. Werner Zdouc, the
Charnovitz 02 Dec 2019 3 min read

A WTO If You Can Keep It

"A WTO If You Can Keep It" Steve Charnovitz 30 November 2019 This is a brief announcement of my new essay "A WTO if you can keep it" published in Questions of International Law, November 2019. The essay provides a historical account of the World Trade
Charnovitz 01 Dec 2019 1 min read

Third Party Adjudication vs. Unilateralism

Here's one more post based on the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 16:43 Can I ask a bit more of the details on the enforcement piece? Is what we're thinking about if there is a deal that has some kind of
Simon Lester 01 Dec 2019 2 min read

Interpretation and Judging at the WTO

Here's more from the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 33:26 But can I ask you, then, where is our constructive proposal to have this conversation? So we haven't gotten it from the Europeans or the Chinese or anything yet, but where
Simon Lester 01 Dec 2019 5 min read

The Role of Voters and Policymakers in U.S. Trade Policy, Then and Now

The recent Trade Talks podcast with former USTR General Counsel Stephen Vaughn was very informative. Soumaya and Chad have been kind enough to put together a transcript of the episode. There's a lot to talk about in there. I'm going to kick things off with one
Simon Lester 01 Dec 2019 6 min read

Call for Submissions: Trade, Law and Development

This is from the Managing Editor of Trade, Law and Development, a student-run journal at the National Law University, Jodhpur, India: The Journal is now inviting unpublished manuscripts for publication its 12th Anniversary Special Issue (Vol. 12 No.1, Summer ’20 Issue) on the theme "Trade in Services:
Inu Manak 25 Nov 2019 1 min read

India-Export-Related Measures

The Panel Report in India-Export-Related Measures (DS541) is a good example of WTO dispute settlement doing what it should, which is delivering the outcomes agreed by the Members, as reflected in the text of the WTO Agreement. When the Subsidies Agreement refers to eight years "from the
Jesse Kreier 24 Nov 2019 1 min read

WTO Dispute Settlement and the Appellate Body Crisis: Insider perceptions and Members’ revealed preferences

Bernard Hoekman sends along this summary of a newly released paper: The Appellate Body crisis usually is presented as the U.S. against the world. Many WTO Members have made clear that they regard a dysfunctional AB as a serious problem for the trading system. One reason is that, depending
Simon Lester 24 Nov 2019 2 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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