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New Book:"The WTO Law of Subsidies: A Comprehensive Approach"

Dear Blog Colleagues, I am pleased to announce the forthcoming publication (early May 2019) of my new book titled "The WTO Law of Subsidies: A Comprehensive Approach". It is published by Kluwer Law International. You can find all the necessary information about the book at the book website
Marc Benitah 24 Mar 2019 1 min read

The Internal U.S. Government Debate over the GATT Security Exception

Mona Pinchis-Paulsen has a great new paper called "Trade Multilateralism and National Security: Antinomies in the History of the International Trade Organization". I highly recommend pp. 11-25, which describes the internal U.S. government debate on the power to interpret the security provisions. I don't think
Simon Lester 21 Mar 2019 1 min read

May the (Trade) Force Be With You

How will trade wars unfold?  Are we doomed?  History may scare us.  Before the dawn of the American Republic, it was the trade wars among thirteen Confederates that wreaked havoc on the fragile Articles of the Confederation.  Fast forward, the interwar trade wars, triggered by the ill-famed Smoot-Hawley Tariff Act
Sungjoon Cho 15 Mar 2019 2 min read

"Imports" of Carbon Emissions

As a political stunt, I really like this: U.S. Rep. Bill Pascrell, Jr. (D-NJ-09), a member of the tax-writing House Ways and Means Committee and its Subcommittee on Trade, sent a letter to U.S. Commerce Secretary Wilbur Ross calling on him to initiate an investigation into the threat
Simon Lester 14 Mar 2019 3 min read

Would Speeding up WTO Dispute Settlement Help With the Appellate Body Crisis?

Article 12 of the DSU specifies these time-frames for panels to issue reports: 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until
Simon Lester 14 Mar 2019 2 min read

Does USMCA Article 31.8 Fix the Roster Problem?

As we all know, many years ago there was a problem with the U.S. blocking the appointment of a panel under NAFTA Chapter 20 (one key issue in this regard was the establishment of a roster; full details here). When I looked at Chapter 31 of the USMCA, my
Simon Lester 11 Mar 2019 3 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part B)

This is Part B of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† IV. Instituting a complaint for a violation of DSU Article 17.2. While bringing the US tariff dispute to the WTO on January 29, 2019, China asserted that the US’s actions to block AB
Simon Lester 07 Mar 2019 7 min read

Guest Post: Taking Recourse to the DSU to Save Dispute Settlement at the WTO (Part A)

This is Part A of a guest post from Vinayak Panikkar*, Prakhar Bhardwaj+, Akhil Raina† I. Introduction The joint communication from the European Union and 11 other nations tabled in the General Council meeting held on 12-13 December 2018 (“EU DSU Proposal”) was the last comprehensive set of publicly available
Simon Lester 07 Mar 2019 7 min read

Call for Papers: Public Health and Global Governance of Alcohol

A conference on Public Health and Global Governance of Alcohol will be held 30 September – 3 October 2019 in Melbourne, Australia. Abstracts for papers proposed for presentation at the conference must be submitted to the website by 1 April, 2019. This meeting seeks to examine how global and regional governance
Tania Voon 07 Mar 2019 1 min read

Guest Post: Background and Impact of US’s intention to “terminate” GSP benefits to India

This is a guest post by Vineet Hegde, a PhD researcher in International Law at the Leuven Centre for Global Governance Studies at KU Leuven, Belgium. In the previous post by Simon Lester, he wrote about USTR’s decision to “terminate” GSP preferences to India. This is a second post
Simon Lester 05 Mar 2019 4 min read

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International Economic Law and Policy Blog

International Economic Law and Policy Blog

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Featured

Can "Geopolitical" Tariffs Be Dealt with through Trade Deals?

Last Friday, U.S. Trade Rep. Jamieson Greer was asked about Trump's initial suggestion of tariffs related to the goal of taking over Greenland
20 Jan 2026 4 min read

Is Foreign Antitrust Enforcement "Discriminatory" and "Anti-American"?

The House Judiciary Subcommittee on the Administrative State, Regulatory Reform, and Antitrust held a hearing in December on "Anti-American Antitrust: How Foreign Governments Target U.S. Businesses." There was a lot of talk at the hearing about how foreign regulations and regulators "discriminate" against American companies.
05 Jan 2026 5 min read

Pennsylvania Court Finds Mexican Government Guilty of "Discrimination" Due To Its Subsidies

I'm always interested in how courts apply the concept of "discrimination" in the context of international trade, so I've been eagerly awaiting a Pennsylvania court decision in a case against Mexico.
12 Dec 2025 8 min read

Economic Security in Trade Agreements: My Response to Geoff Gertz

Thanks to Geoff for laying out his vision of why economic security should be in trade agreements and how to bring it in. It won't surprise anyone to hear I have some additional comments and questions in response!
04 Dec 2025 10 min read

Guest Post: The Case for Bringing Economic Security Priorities into U.S. Trade Agreements, Part II

This is a guest post from Geoffrey Gertz of the Center for a New American Security (CNAS), responding to my post on Economic and National Security Provisions in U.S. Trade Agreements An earlier post made the case for why the United States should bring economic security commitments into trade
01 Dec 2025 3 min read

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