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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

Two Points About Dani Rodrik's Latest Piece

Dani Rodrik has a new paper up at NBER, entitled "Putting Global Governance In Its Place." Two things jumped out at me. First, it surprised me that in discussing when regulatory standards are protectionist, he seems unaware of the national treatment principle: Unlike in the case of tariffs
Simon Lester 09 Sep 2019 2 min read

Call for Entries: RMLNLU-CTIL Conference on International Trade Law

This is from the Journal Committee at Dr. Ram Manohar Lohiya National University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute of Foreign Trade: The Journal Committee at Dr. Ram Manohar Lohiya National University, Lucknow, in collaboration with Centre for Trade and Investment Law, Indian Institute
Inu Manak 09 Sep 2019 1 min read

Guest Post: Energy Policy in EU Free Trade Agreements

This is a guest post from Anna Marhold, Assistant Professor at the Institute of Public Law and the Grotius Centre for International Legal Studies at Leiden University, based on her article, "Externalising Europe’s energy policy in EU Free Trade Agreements: A cognitive dissonance between promoting sustainable development and
Inu Manak 06 Sep 2019 2 min read

The U.S. Defense in the Section 301 Case (DS543)

USTR has posted its first written submission in the DS543 case, which is China's complaint against the U.S. Section 301 measures. Among other things, there is a GATT Article XX(a) public morals argument. I'll let readers be the judge of all this. I wanted
Simon Lester 02 Sep 2019 2 min read

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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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