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Can Party Modifications to DSU Rules on Appellate Review Help with the Appellate Body Crisis?

What is the scope of party modifications to the DSU for particular cases, and could it help with the Appellate Body appointment crisis? It may not be an ideal solution, but take a look at the following example and see if it could be applied to the Appellate Body crisis.
Simon Lester 18 Aug 2019 3 min read

What's the Status of Panel Blocking in the New NAFTA?

This is from Ambassador Lighthizer's responses to the questions for the record from a June 19 House Ways and Means Committee hearing: From Representative Bill Pascrell to Ambassador Robert E. Lighthizer 1. Using Section 301 could invite retaliation. And Mexico and Canada agreed to fix panel-blocking in
Simon Lester 18 Aug 2019 1 min read

Tenure-Track Position in International Economic Law at the University of Ottawa, Faculty of Law, Common Law Section

From the advertisement, hat tip to Debra Steger:  "The Common Law Section of the Faculty of Law at the University of Ottawa invites applications for a tenure-track position as an Assistant, Associate, or Full Professor in International Economic Law commencing July 1, 2020. APPLICATION DEADLINE: September 30, 2019.
Joel Trachtman 15 Aug 2019 1 min read

Collateral Damages of the Trade War

Two researchers from the Kiel Center for Globalization (Haiou Mao and Holger Görg) have just published a working paper entitled “Friends like This: The Impact of the US – China Trade War on Global Value Chains.”  Based on the notion of “cumulative and indirect tariffs” in global value chains (GVCs), the
Sungjoon Cho 12 Aug 2019 1 min read

Guest Post: Tariff Authority under the U.S. Constitution and Practice

This is a guest post from Bashar H. Malkawi, Professor of Law, University of Sharjah Under the Commerce Clause of the U.S. Constitution, the Congress has the power to regulate commerce with foreign nations. In addition, Congress has the exclusive power to regulate commerce among the several states and
Simon Lester 10 Aug 2019 2 min read

New available EBOOK VERSION of my recent book about the WTO law of subsidies

Dear Blog Colleagues, Allow me to inform you that a new eBook version of my recent book ( The WTO law of subsidies: A comprehensive approach, Kluwer Law International, June 2019) is now available at Amazon.com. Until now, only a print version was available and a commentator on this blog
Marc Benitah 09 Aug 2019 1 min read

"Every line we succeed in publishing..." A response on the state of international law scholarship to EJIL's new co-editor in chief

Around the beginning of World War II, the Jewish-German thinker Walter Benjamin wrote to his friend Gershom Scholem: "“Every line we succeed in publishing today - no matter how uncertain the future to which we entrust it - is a victory wrenched from the powers of darkness.” Benjamin was trying
Rob Howse 05 Aug 2019 4 min read

UNCITRAL and ISDS Reform: China’s Proposal

By Anthea Roberts and Taylor St John* On 19 July 2019, China submitted its proposal on investor-state dispute settlement (ISDS) reform to UNCITRAL. A Chinese version is available, though an English translation is yet to be posted. China reaffirms its commitment to ISDS as an important mechanism for resolving
Anthea Roberts 05 Aug 2019 7 min read

Trade in the Second Night of the Democratic Primary Debate

Here is the discussion of trade in last night's Democratic primary debate: HARRIS: First of all, Donald Trump came in making a whole lot of promises to working people that he did not keep. He said he was going to help farmers. He said he was going to
Simon Lester 01 Aug 2019 4 min read

Trade In Last Night's Democratic Primary Debate

There was some discussion of trade in last night's Democratic primary debate: [DON] LEMON: ... Let's turn now to the economy. Congressman Ryan, President Trump's tariffs have boosted the U.S. steel industry but hurt auto manufacturers like those here in Michigan, which could drive
Simon Lester 31 Jul 2019 7 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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