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Tom Graham Clarifies My Earlier Tom Graham Clarification

In the comments section of my blog post earlier this week, Tom Graham commented as follows: My statement as reported by Bloomberg was not inadvertent. It expressed my position accurately: "I have not yet decided [whether I will stay after December 10], and I am watching developments." No
Simon Lester 25 Sep 2019 1 min read

Are Social Media Trade Wars Inevitable?

A Washington Post article from last week, which includes the heading "TikTok Rise Could Signal End To Western Web Dominance" in the print version, describes a Chinese social media platform called TikTok as follows: TikTok has quickly become one of America’s most popular mobile apps, a flashy,
Simon Lester 25 Sep 2019 3 min read

Conference on Socially Responsible Foreign Investment under International Law

Católica|Lisbon School of Law and Católica Global School of Law will host the international conference on Socially Responsible Foreign Investment under International Law. The event will take place at the Lisbon campus of the Catholic University of Portugal next 24 and 25 of October. Entrance is free and registration
Simon Lester 25 Sep 2019 1 min read

Clarifying Tom Graham's Status on the Appellate Body

Last week, Bloomberg ran a story about Appellate Body Member Tom Graham which stated that: ... While Graham’s term ends on Dec. 10, panel members in the past have stayed on to finish WTO cases they’re involved in. If he resigns, the seven-member body would no longer have
Simon Lester 23 Sep 2019 1 min read

UNCITRAL and ISDS Reforms: Agenda-Widening and Paradigm-Shifting

By Anthea Roberts and Taylor St. John  On 17 July 2019, South Africa made its submission to UNCITRAL on investor–state dispute settlement (ISDS) reform in which it seeks a “paradigm-shift” in investment law. In keeping with our description of South Africa as a “widener” in the UNCITRAL debates,
Anthea Roberts 23 Sep 2019 7 min read

The U.S. - Japan Deal: More Than Just "In Principle" Now?

I mentioned a possible U.S.-Japan trade deal here, described a couple weeks ago as an "agreement in principle". Things seem to have progressed a bit, with the Trump administration just issuing the following "Presidential Message to Congress Regarding the Notification of Initiation of United States–
Simon Lester 16 Sep 2019 2 min read

Guest Post: Reflections on the first application of the “dominant and effective nationality” test in international investment arbitration

This is a guest post from Gabriela Sánchez of the Universidad de los Andes, Bogotá Last September 3rd, the Permanent Court of Arbitration issued the Final Award on the case Michael Ballantine and Lisa Ballantine v. Dominican Republic. The case was governed under UNCITRAL (2010) arbitral rules and under the
Simon Lester 16 Sep 2019 3 min read

My Quick Take on the Trade Talk In Last Night's Democratic Debate

The Democratic debates have (thankfully!) been narrowed from 20 to 10 candidates. Many of them had a chance to weigh in on trade policy at the debate last night. Here's what they said: STEPHANOPOULOS: Welcome back. We want to turn now to national security and the foreign policy
Simon Lester 13 Sep 2019 10 min read

The Appellate Body and the Role of Precedent

One of the issues raised by the United States in its critique of the Appellate Body is the role of precedent. How much weight should be given to past cases? Is the Appellate Body being too deferential to its prior rulings? Is there a difference between the "cogent reasons&
Simon Lester 12 Sep 2019 1 min read

US-China Tariff War: A Lesson about WTO Law

The US first written submission in the Section 301 case (DS543) is an eye-opening read. To me, the ingenious arguments advanced by the USTR, no matter how far-fetched they may seem in places, raise some interesting questions and teach a valuable lesson about WTO law. I. A brief
Julia Qin 11 Sep 2019 5 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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